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Fraud | How to File a Lawsuit? What to Do If You've Been Scammed?
Fraud cases are rampant in society, and even the methods of fraud are constantly evolving. What exactly constitutes fraud? Can money that has been swindled be recovered? What are some common fraud tactics?
What constitutes a fraud crime?
Regulations related to fraud statutes.
Provisions and penalties for each article of the fraud crime, organized as follows in the table:
Statute Number | Content | Penalties |
Fraudulent Acquisition of Property | Intending to unlawfully benefit oneself or a third party, by using deceitful methods to induce someone to hand over their own or a third party's property.
Those who gain unlawful financial benefits for themselves or enable a third party to do so by the methods described in the preceding paragraph are also subject to the same punishment. Attempted offenses under the first two paragraphs are also punishable. | Punishable by imprisonment for not more than five years, detention, or a fine of not more than five hundred thousand dollars, or both. |
Fraud Using Chargeable Devices | Intending to unlawfully benefit oneself or a third party, by obtaining someone else's property through improper methods from chargeable devices. Those who gain unlawful financial benefits for themselves or enable a third party to do so by the methods described in the preceding paragraph are also subject to the same punishment. Attempted offenses under the first two paragraphs are also punishable. | Punishable by imprisonment for not more than one year, detention, or a fine of not more than one hundred thousand dollars. |
Fraud Involving Automatic Payment Devices | Intending to unlawfully benefit oneself or a third party, by obtaining someone else's property through improper methods from automatic payment devices. Those who gain unlawful financial benefits for themselves or enable a third party to do so by the methods described in the preceding paragraph are also subject to the same punishment. Attempted offenses under the first two paragraphs are also punishable.。 | Punishable by imprisonment for not more than three years, detention, or a fine of not more than three hundred thousand dollars. |
Fraud Using Computer Equipment | Intending to unlawfully benefit oneself or a third party, by improperly inputting false data or unauthorized instructions into a computer or its related equipment to records of acquisition or alteration of property rights, thereby obtaining another person's property. Those who gain unlawful financial benefits for themselves or enable a third party to do so by the methods described in the preceding paragraph are also subject to the same punishment. Attempted offenses under the first two paragraphs are also punishable. | Punishable by imprisonment for not more than seven years, with the option of an additional fine of not more than seven hundred thousand dollars. |
Aggravated Fraud | Those who commit the fraud crime under Article 339 and meet one of the following conditions:
Attempted offenses under the preceding paragraph are also punishable. | Punishable by imprisonment for more than one year but less than seven years, with the option of an additional fine of not more than one million dollars. |
Elements of Fraud Crime
The legal text on fraud is dense, but what exactly constitutes fraud? Is it simply lying, being untrustworthy, or spreading false information? Remember! To legally constitute fraud, in addition to the perpetrator's intentional and unlawful intent, the following elements must be met:
Use of Deception: This refers to the perpetrator intentionally fabricating or creating false facts to gain the trust of the victim.
Victim's Misunderstanding: The victim, due to the perpetrator's deceptive actions, develops a misconception or misinterpretation of the facts, which differs from reality.
Transfer of Property: Based on the victim's mistaken belief, their property is transferred to the perpetrator or a third party, resulting in financial harm to the victim.
Causal Relationship: All the objective elements of the fraud crime are indispensable and follow a specific causal sequence. The fraudster must first employ deceptive tactics, causing the victim to fall into a misconception, and then, based on this erroneous belief, the victim transfers property!
I've been scammed! Is there any way to recover the money that was swindled from me?
Victims of fraud often ask, "What about the money I was scammed out of? How do I get it back?" Regardless of whether the perpetrator is punished by the state or law, it's also crucial for the victim to know if they can recover their losses!
Civil Litigation: Civil and criminal concepts differ in legal studies. Although the police may initiate an investigation after a report is filed, they cannot assist in recovering or ensuring the return of the defrauded money. Therefore, it's necessary to file a separate civil lawsuit to request the court for compensation from the perpetrator for the financial losses incurred and recover the defrauded amount.
Criminal Accompanied by Civil Litigation: Article 487 of the Criminal Code states that a person who has suffered damage due to a crime can initiate civil litigation in conjunction with the criminal procedure. This can be filed against the defendant and others responsible for compensation under civil law.
Simply put, the concept of criminal accompanied by civil litigation is similar to civil litigation, but can be initiated after the criminal prosecution and before the end of the second trial's arguments. The key difference is that this type of litigation does not require the payment of adjudication fees, though it tends to be more time-consuming. It's advisable for the victim to consult with a lawyer to determine the best strategy and litigation direction before deciding which type of litigation to pursue.
Common Scams and Fraud Tactics
In practice, the majority of people who consult about criminal cases are those who have encountered scams or fallen into fraud traps without realizing it. Often, they only become aware of the deception when they unexpectedly find themselves accused of fraud. Below are some of the most common fraud tactics seen over the years. When encountering similar situations, be cautious and mindful of your rights!
Job Scam
Today's job-hunting methods are vastly different from the past, especially with the shift to online modes of operation during the pandemic. Most people are accustomed to searching for jobs online. An increasing number of job advertisements are circulating on social platforms like Facebook, Dcard, LINE, etc. Be wary if someone asks you for a deposit, credit card, or ATM card information right from the start! Another common scenario involves being introduced to multiple contacts through LINE, you're initially in touch with person A, who refers you to B, and then B to C, adding numerous contacts along the way. Eventually, they ask for your account information. Beware! This could very well be a scam operation.
It's advised to seek employment through large-scale job banks or employment websites. Always verify the company's nature and authenticity before submitting your resume.
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Investment Scam
Scam groups use the promise of guaranteed profits or high returns to pique the interest of investors. Initially, they allow investors to invest a small amount and the illusion of actual profits. This encourages investors to subsequently invest larger sums of money. The scam group then absconds with the funds, reminiscent of past scams like the ImB scam, P2P fraud, or Ponzi schemes. These types of scams usually result in significant financial losses.
It is advised that if you truly have investment needs, seek assistance from legitimate businesses approved by financial regulatory authorities.
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Loan Scams and Lending Fraud
In these types of fraud, scam groups primarily target those in urgent need of money. The victims, due to their urgency, often overlook many details. The scammers exploit this desperation to perpetrate fraud, often leading to the signing of unreasonable lending contracts. There are cases no money is actually lent, yet interest payments are demanded. Some scammers even convince victims to mortgage their homes or cars, signing sale contracts, only to find out that they neither receive the loan nor keep their assets. Additionally, be wary of conversations like, "I'll help you get a loan from the bank, but your credit limit is too low. Give me your bank account details, I’ll transfer money into it, and you transfer it back out to 'clean' your credit limit, so you can borrow more." This might seem reasonable but hides potential fraud and money laundering risks.
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Online Shopping Scams
Victims buy items online and then receive calls from scammers claiming there was a mistake in the payment setting, which was erroneously set to installment payments. They tell the victim that someone from the bank will contact them to go to an ATM to cancel the setting, insisting the phone call must not be disconnected and to follow their instructions. While common, these scams evolve with the scammer’s persuasive skills. Always be cautious with any ATM operations and verify thoroughly.
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Front Men Scams
In various types of scams like loans, job seeking, or investing, many scam groups, in addition to defrauding money, further seek to obtain account information for money laundering. Many victims only realize they have been scammed when notified by the bank or police that their account is marked as suspicious. Not only are they victims of fraud, but they can also end up being sued for fraud themselves, turning into defendants! In such situations, it’s recommended to seek legal assistance to properly protect your rights.
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IP Scams
With the widespread use of the internet and the prevalence of hackers, IP scams involve scam groups using technical means to steal a person's internet IP address. They hide their identity and use it for criminal activities.
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Romance Scams
Love always seems to come unexpectedly, but be cautious if your romantic interest has never actually met you in person (photos don't count) and starts asking for money due to family troubles or other reasons. This type of scam is common among older, single individuals. If you or someone you know, especially an elder, encounters such a situation, be extra vigilant.
Columbarium Scams
Have you heard of investing in columbarium niches? Columbarium scams are similar to investment scams. Scammers use the sale of columbarium niches as a front, claiming victims can purchase them at a discounted price and then sell them at a higher price. Often, other members of the scam group pretend to be eager buyers, creating a false sense of high demand. The victim believes it’s a genuine opportunity and pays or invests more, only for the scam group to make excuses and disappear once the investment is made.
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Reference：Chapter 32 of the Criminal Code: Crimes of Fraud, Breach of Trust, and Usury