Fraud — non-prosecution (不起訴) (fraudulently obtaining property)
Under the non-prosecution (不起訴) decision caption «Fraud offense», we defended against Taiwan Criminal Code Art. 339(1) fraudulently obtaining property; non-prosecution (不起訴) obtained.
The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. The complainant was defrauded via LINE to purchase Pu-erh tea and wired NT$ 18,000 to the defendant's account; the defendant was alleged to have provided the account and withdrawn funds.
Our attorneys argued the defendant assisted a colleague's tea business collections without knowledge of fraud, lacking subjective intent, invoking in dubio pro reo.
- Did the defendant knowingly join a fraud ring?
- Does assisting collection equal money-mule liability?
- Can the NT$ 18,000 flow prove intent?
Taiwan Criminal Code Art. 339(1); Taiwan Code of Criminal Procedure Art. 154(2), Art. 253(1).
The prosecutor found insufficient evidence of fraud intent and issued 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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