Fraud CasesNon-prosecution

Fraud — non-prosecution (不起訴) (assisting collection)

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 fraudulently obtaining property (assisting collection); non-prosecution (不起訴) obtained.

Background

The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. The complainant was defrauded via LINE to buy Pu-erh tea and wired funds to the defendant's account; the defendant denied intent, claiming assistance for a colleague's tea business.

Defense Strategy

Our attorneys argued no affirmative evidence the defendant knowingly joined a fraud ring and requested non-prosecution (不起訴).

Key Issues
  • Did the defendant have fraud intent?
  • Does assisting collection constitute complicity?
Legal Basis & Argument

Taiwan Criminal Code Art. 339(1); Taiwan Code of Criminal Procedure Art. 154(2), Art. 253(1).

Disposition

The prosecutor found insufficient evidence 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

Fraudulently obtaining propertyMoney muleNon-prosecution (不起訴)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes

林宗諺

Attorney

Criminal defenseFraud casesDrug casesTaiwan Anti-Money Laundering Act

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