Sentence for internet bank fraud against elders
Supreme Court judgment 21 December 2022, HR-2022-2468-A, (case no. 22-138764STR-HRET), criminal case, appeal against judgment.
A, B (Counsel Marius Oscar Dietrichson) v. The Public Prosecution Authority (Counsel Anders Mandal
Funnemark)
The Court of Appeal had set the penalty for breach of section 372 cf. section 371 (a) and section 202 of the Penal Code to six years and six months and five years of imprisonment respectively for the two defendants in the case. The conviction included 65 completed aggravated frauds, 15 attempted aggravated frauds and 44 identity violations. The frauds consisted of luring older people into providing their national identification number, BankID and/or other personal information by pretending to be a customer service representative at the person's bank. They then logged into the individual account holder's online bank and transferred large amounts to their own accounts. The completed frauds totalled around NOK 17.8 million. In the sentencing process, the Supreme Court emphasised that the frauds involved large amounts, and that they were aimed at 80 victims. The financial damage potential was central. Emphasis was also placed on the professional and socially harmful nature of the frauds and the fact that they targeted older people. The crime affected not only the direct victims, but also the affected payment institutions. As an aggravating factor, emphasis was also placed on the fact that they had both been convicted of fraud four times before. The convicted persons' appeal against the Court of Appeal's sentence was dismissed.
Read the judgment (Norwegian only)
Area of law: Criminal law
Key paragraphs: 16, 22, 25, 26
Justices: Webster, Noer, Arntzen, Falch, Høgetveit Berg