ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 9 APRIL 2025
, LCR4805
Assignment 2 Semester 1 2025
Unique Number:
Due Date: 09 April 2025
Selected Private and Criminal Law Principles of the Internet
QUESTION 1
Can the person who cloned Karabo’s bank card be charged with fraud?
Hi Karabo,
Thank you for coming to me with your concern. You’ve asked whether the person who
cloned your card and withdrew R50 000 from your bank account can be charged with
fraud. Let's take a step-by-step look at this issue.
What is fraud?
Fraud is when someone lies (makes a misrepresentation) with the intention to deceive
another person, and as a result of that lie, someone suffers a loss, usually financially. In
simpler terms: it’s when someone tricks another person into losing something valuable
by telling lies or pretending to be someone they’re not.
Can a computer or ATM be misled?
This is where it gets a bit tricky. For fraud to happen, the lie must be told to a human
being – someone who can understand the lie and be tricked by it. A computer or ATM
doesn’t “understand” like a person does. It follows instructions – whether those
instructions come from a real card or a fake one.