Fraud DefenseNon-prosecution

Fraud — non-prosecution (不起訴) (options investment)

Non-prosecution (不起訴) decision
Handling attorney:謝政翰、林宗諺
Case Overview

Under the non-prosecution (不起訴) decision caption «Fraud offense», we defended a dispute over an options investment contract with the complainant; non-prosecution (不起訴) obtained.

Background

The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. The complainant alleged the defendant signed an options investment contract in a company name promising 5% annual return while claiming no real operations and defrauding investment funds.

Defense Strategy

Our attorneys argued the core dispute was contractual performance and civil in nature, lacking subjective fraud intent and objective deceptive conduct, and requested non-prosecution (不起訴).

Key Issues
  • Fraudulently obtaining property established?
  • Is 5% return a lawful investment term?
  • Link between company operations and criminal intent?
Legal Basis & Argument

Taiwan Criminal Code Art. 339(1); Taiwan Code of Criminal Procedure Art. 253(1).

Disposition

The prosecutor closed investigation with non-prosecution (不起訴).

Decision of Non-Prosecution (personal data redacted)

* Personal data such as names and ID numbers in this Decision of Non-Prosecution (personal data redacted) has been redacted in accordance with Taiwan's Personal Data Protection Act * Document images are official Traditional Chinese legal papers; the original text controls.

Related Tags

FraudInvestment contractOptionsNon-prosecution (不起訴)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes
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林宗諺

Attorney

Criminal defenseFraud DefenseDrug DefenseTaiwan Anti-Money Laundering ActSecurities Exchange Act
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These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.