Fraud CasesNon-prosecution

Fraud — non-prosecution (不起訴)

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

Under the non-prosecution (不起訴) decision caption «Fraud offense», we defended allegations of joining a fraud ring and using the LINE nickname «Caroline»; non-prosecution (不起訴) obtained.

Background

The first page lists Defendant A's appointed counsel as Attorney 謝政翰 and Defendant B's as Attorney 林宗諺. The complainant alleged joint commission of Taiwan Criminal Code Art. 339-4 (fraud by three or more persons) with LINE coordination.

Defense Strategy

Our attorneys challenged participation level, account use, and communications, arguing insufficient proof of intent.

Key Issues
  • Proof defendant was a ring member?
  • Can LINE records infer intent?
  • Does three-or-more-person fraud apply?
Legal Basis & Argument

Taiwan Criminal Code Art. 339(1), Art. 339-4; Taiwan Code of Criminal Procedure Art. 253(1).

Disposition

The prosecutor found insufficient suspicion and 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

FraudThree-or-more-person fraudLINENon-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.