Online Fraud Prosecutions
🔹 Legal Framework: Online Fraud in Afghanistan
Afghanistan’s approach to online fraud is shaped by:
The Penal Code (2017): Covers traditional fraud, forgery, and deception.
Cybercrime Law (2016): Specifically targets offenses committed using electronic systems, including:
Online identity theft
Online banking fraud
Phishing scams
Hacking for financial gain
Electronic forgery or manipulation
Penalties can include imprisonment (up to 10 years or more), fines, and restitution to victims.
🧾 Case 1: Kabul Online Marketplace Scam (2019)
Facts:
Defendant created a fake online store selling electronics.
Collected payments via mobile money but never delivered products.
Over 50 victims came forward.
Court Ruling:
Convicted under Cybercrime Law (Article 10) for online fraud and deception.
Sentenced to 7 years in prison + ordered to repay victims.
The court cited misuse of digital platforms for profit.
Significance:
A landmark case recognizing online fraud as distinct from regular fraud.
Court emphasized consumer protection in digital space.
🧾 Case 2: Herat Bank Phishing Attack (2020)
Facts:
A group sent fake emails pretending to be from a local bank.
Victims entered login details, which were then used to withdraw funds.
Over $25,000 stolen before the scheme was discovered.
Court Ruling:
Charged under Articles 16 and 18 of Cybercrime Law (unauthorized access and financial harm).
Main perpetrator sentenced to 9 years; accomplices received lesser terms.
Court highlighted damage to public trust in banking.
Significance:
First major phishing prosecution in Afghanistan.
Set precedent for treating email deception as criminal conduct.
🧾 Case 3: Mazar-e-Sharif SIM Card Fraud (2021)
Facts:
Individual cloned SIM cards and accessed mobile money accounts.
Used fake IDs to open duplicate accounts.
Victims lost between $100–$2,000 each.
Court Ruling:
Convicted of electronic identity fraud under Cybercrime Law Article 12.
Received 6 years in prison + restitution.
Telecom providers cooperated in the investigation.
Significance:
First time Afghan courts dealt with SIM duplication as fraud.
Emphasized role of telecom companies in preventing cybercrime.
🧾 Case 4: Government Job Scam on Social Media (2022)
Facts:
Perpetrator posted fake government job offers on Facebook.
Took “application fees” via mobile money from over 80 people.
Disappeared after collecting funds.
Court Ruling:
Found guilty of impersonation of a public authority and online fraud.
Sentenced to 10 years under Penal and Cybercrime laws.
Court labeled the offense as both fraud and public trust violation.
Significance:
Demonstrated growing problem of social media scams.
Court treated fake use of authority as an aggravating factor.
🧾 Case 5: Fake Loan App Case – Jalalabad (2023)
Facts:
A group developed a fake loan app that harvested users' phone contacts and demanded repayment with threats.
Victims were blackmailed after downloading the app.
Court Ruling:
Convicted under multiple cybercrime provisions, including blackmail, fraud, and unauthorized data collection.
Sentences ranged from 5 to 11 years, with confiscation of all digital equipment.
Court condemned the abuse of technology to intimidate citizens.
Significance:
First prosecution involving a fraudulent mobile app.
Raised digital privacy concerns in court proceedings.
📊 Summary Table
| Case | Type of Fraud | Sentence | Key Legal Issue |
|---|---|---|---|
| Online store scam (2019) | Fake e-commerce | 7 years + fines | Online deception using fake identity |
| Phishing attack (2020) | Email banking fraud | 9 years | Unauthorized access to financial info |
| SIM card clone (2021) | Mobile identity theft | 6 years | Telecom fraud + fake identity |
| Fake job ads (2022) | Public authority impersonation | 10 years | Social media fraud + abuse of trust |
| Loan app blackmail (2023) | Mobile app-based extortion | 5–11 years | Threats + privacy invasion |
✅ Quick Review Questions:
What makes online fraud different from traditional fraud under Afghan law?
Why was the loan app case treated more severely than other digital scams?
What role do telecom and tech providers play in cybercrime investigations?
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