Fraud CasesSuspended sentence

Fraud and related offenses — appellate suspended sentence (緩刑)

1 year 3 months, 5-year suspended sentence (緩刑)
Handling attorney:謝政翰、林宗諺
Case Overview

Under the appellate judgment caption «Fraud and related offenses», after trial the defendant appealed sentencing; we obtained a suspended sentence (緩刑) with conditional restitution.

Background

The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. After trial on fraud-related charges, the defendant appealed; the appellate court reviewed punishment only under Taiwan Code of Criminal Procedure Art. 348(3).

Defense Strategy

Our attorneys argued sentencing and assisted the defendant in fulfilling conditional restitution under the suspended sentence (緩刑) schedule.

Key Issues
  • Appropriate appellate sentencing?
  • Suspended sentence (緩刑) and conditional restitution?
Legal Basis & Argument

Taiwan Code of Criminal Procedure Art. 348(3); Taiwan Criminal Code Art. 74 (suspended sentence (緩刑)).

Verdict

The court vacated the sentence portion, imposed 1 year 3 months' imprisonment, 5-year suspended sentence (緩刑), and ordered restitution per attached schedule.

Judgment (personal data redacted)
Judgment (personal data redacted)
Click to enlarge

* Personal data such as names and ID numbers in this Judgment (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

FraudAppealSuspended sentence (緩刑)
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.