Fraud CasesNon-prosecution

Fraud and related offenses — non-prosecution (不起訴) (cryptocurrency and breach of trust)

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

Under the non-prosecution (不起訴) decision caption «Fraud and related offenses», we defended cryptocurrency investment fraud and breach-of-trust allegations; 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, as company principal, induced investment in a cryptocurrency project promising discounted coins or principal plus 5% interest after two years.

Defense Strategy

Our attorneys argued the dispute was contractual and civil; criminal evidence was insufficient to prove fraud and breach-of-trust intent.

Key Issues
  • Fraudulently obtaining property or breach of trust?
  • Validity of cryptocurrency investment terms?
  • Distinction between company operations and criminal liability?
Legal Basis & Argument

Taiwan Criminal Code Art. 339(1), Art. 342 (breach of trust); Taiwan Code of Criminal Procedure Art. 253(1).

Disposition

The prosecutor issued non-prosecution (不起訴).

Decision of Non-Prosecution (personal data redacted)
Decision of Non-Prosecution (personal data redacted)
Click to enlarge

* 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

FraudBreach of trustCryptocurrencyNon-prosecution (不起訴)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes

These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.