Fraud DefenseSuspended sentenceFeatured Case

Fraud and related offenses — appellate judgment (尻水, suspended sentence (緩刑))

1 year 10 months, 5-year suspended sentence (緩刑)
Handling attorney:謝政翰、林宗諺
Case Overview

Under the appellate judgment caption «Defendants' fraud and related offenses», we defended nominee accounts and «尻水» (card-replacement cash interception) conduct; partial suspended sentence (緩刑), other counts acquitted (無罪).

Background

The first page lists appointed counsel Attorneys 謝政翰 and 林宗諺. Defendants provided nominee accounts to a fraud ring; after victims wired funds, they used lost-card replacement to intercept proceeds (尻水). After trial, appeal proceeded in the High Court (Year 112); page 2 announced sentence and suspended sentence (緩刑) conditions.

Defense Strategy

Our attorneys addressed appellate scope, characterization of 尻水 conduct, concurrence of aiding money laundering and fraud, and sentencing; assisted compliance with treasury payment, legal education, and community service attached to suspended sentence (緩刑).

Key Issues
  • May appeal challenge sentencing only?
  • How is 尻水 conduct classified?
  • Are suspended sentence (緩刑) conditions appropriate?
  • Do remaining charged counts constitute crimes?
Legal Basis & Argument

Taiwan Criminal Code fraud provisions; Taiwan Anti-Money Laundering Act; Taiwan Code of Criminal Procedure appellate procedure; Taiwan Criminal Code Art. 74 (suspended sentence (緩刑)).

Verdict

On some counts the court imposed 1 year 10 months' imprisonment, NT$ 50,000 fine, 5-year suspended sentence (緩刑), payment of NT$ 100,000 to the treasury within 2 years, 3 legal-education sessions, and 80 hours of community service; other charged counts acquitted (無罪).

Judgment (personal data redacted)

This Judgment (personal data redacted) has 2 page(s)—please view page by page. * 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

FraudMoney launderingNominee account尻水AppealSuspended sentence (緩刑)
Handling Attorneys

謝政翰

Managing Attorney

Criminal defenseFinancial crimesCivil–criminal crossover disputes
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林宗諺

Attorney

Criminal defenseFraud DefenseDrug DefenseTaiwan Anti-Money Laundering ActSecurities Exchange Act
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These summaries are for reference only. Actual outcomes depend on the facts and evidence of each case.