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Where a person commits a hacking offence with the intent to commit fraud, such act may be prosecuted under section 4 of the CCA, which creates an offence against persons who commit a hacking offence under section 3 of the CCA with the intent to: (i) commit an offence involving fraud or dishonesty which causes injury under the Penal Code; or (ii) facilitate the commission of such an offence whether by himself or any other person.
A person found guilty under section 4 is liable to a fine not exceeding RM150,000, or imprisonment not exceeding 10 years or both.
In addition, certain sections of the CMA create offences for fraudulent or improper use of network facilities or network services, including: (i) section 236 of the CMA, which creates an offence where a person possesses or uses any counterfeit access devices, unauthorised access devices (e.g. lost, stolen, expired, or obtained with the intention to defraud); and (ii) section 232(2) of the CMA, which provides that possessing or creating a system designed to fraudulently use or obtain any network facilities, network service, applications service or content applications service is an offence.
Although not specific to use of computers for commission of fraud, section 416 of Penal Code provides that it is an offence to “cheat by personation”, i.e. where a person cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such person really is. The scope of section 416 would likely be wide enough to cover instances of computer fraud where the fraudster impersonates himself as another person.

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