Direct debit

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Direct debit is a form of fraudulent loan procurement through direct debits .

transaction

The insolvent perpetrators , who with his bank has signed an agreement to participate in the direct debits, it instructs his bank accounts of foreign money via debit order process to collect. He expects that the account holder concerned will object to the debit. The amount credited to the perpetrator's account on the basis of the direct debit order can be paid out immediately to the perpetrator. If the cancellation ( direct debit return) is made later by the account holder of the debited account, the debit will be credited back to his account. This causes damage to the perpetrator's bank if the perpetrator's account no longer has sufficient funds due to the immediate payment of the credited amount.

Criminal liability

Direct debiting is punishable as fraud under Section 263 StGB to the detriment of the creditor bank concerned, since the creditor is implicitly acting deceitfully if he submits direct debit (s) to his creditor bank concerned without any indication that the direct debit in question is not an instrument for cashless payment transactions, but to serve him for "credit creation by means of credit direct debit".

See also

Web links

Individual evidence

  1. ^ BGH, judgment of June 15, 2005, Az .: 2 StR 30/05