Obtaining a money transfer by deception

(1) A person is guilty of an offence if by any deception he dishonestly obtains a money transfer for himself or another. (2) A money transfer occurs when– (a) a debit is made to one account; (b) a credit is made to another; and (c) the credit results from the debit or the debit results from the credit. (3) References to a credit and to a debit are to a credit of an amount of money and to a debit of an amount of money. (4) It is immaterial (in particular)– (a) whether the amount credited is the same as the amount debited; (b) whether the money transfer is effected on presentment of a cheque or by another method; (c) whether any delay occurs in the process by which the money transfer is effected; (d) whether any intermediate credits or debits are made in the course of the money transfer; (e) whether either of the accounts is overdrawn before or after the money transfer is effected. (5) For the purpose of this section113 (a) “deception” has the same meaning as in section 153; (b) “account” means an account kept with– (i) a bank; or (ii) a person carrying on a business which falls within paragraph (c); (c) a business falls within this sub-section if– (i) in the course of the business money received by way of deposit is lent to others; or (ii) any other activity of the business is financed wholly or to any material extent, out of the capital of or the interest on money received by way of deposit; (d) for the purposes of paragraph (c)– (i) all the activities which a person carries on by way of business shall be regarded as a single business carried on by him; and (ii) “money” includes money expressed in a currency other than the currency of (6) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years. 114