The And Liability Under The Fraud Act 2006

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3. Dastardly and Liability under the Fraud Act 2006 The ex-employee of a company, Dastardly’s email to the Managing Director, which contained a phishing link pretending as the company’s Finance Manager related to the piece of software, intended to capture the relevant information about the detailed wages account. The activities what Dastardly did would potentially lead to breaking the regulation under the protection of the Fraud Act 2006 (FA 2006). Section 2(1) in FA 2006 states that a person could be in breach of fraud if he gains something for himself or imposes a loss on someone else intentionally by making false representations. On the basis of Dastardly’s work status as an ex-employee, it might be no possibility for him to be guilty of those status crimes such as fraud by failing to disclose information or fraud by abuse of position. After the exclusion of other options, Dastardly is more likely to be prosecuted for the fraud by false representation. The FA 2006 has expressly set out several substantive elements that need to be satisfied when the offence liability is to be established. When talking about gain and loss through the dishonest representation, ‘gain’ includes a gain by keeping what one has, as well as a gain by getting what one does not have, while ‘loss’ includes a loss by not getting what one might get, as well as a loss by parting with what one has. Due to the consideration of these definitions, it is not difficult to recognize the facts relating to
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