Fraud — non-prosecution (不起訴) (options investment)
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.
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.
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).
- Fraudulently obtaining property established?
- Is 5% return a lawful investment term?
- Link between company operations and criminal intent?
Taiwan Criminal Code Art. 339(1); Taiwan Code of Criminal Procedure Art. 253(1).
The prosecutor closed investigation with non-prosecution (不起訴).
* 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.
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