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2025-03-25

Case Studies | Successful acquittal of lawyer's dummy account defendant in fraud case

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Relevant Legal Provisions


Criminal Law Article 284:Anyone who injures another person due to negligence shall be sentenced to no more than one year in prison, detention, or a fine not exceeding 100,000 NT dollars; if serious injury occurs, the sentence shall be no more than three years in prison, detention, or a fine not exceeding 300,000 NT dollars.

Criminal Law Article 287:Crimes under Article 277, Paragraph 1, Article 281, and Article 284 are subject to complaint-based prosecution. However, when a public servant commits a crime under Article 277, Paragraph 1 while performing their duties, this provision does not apply.

 

Facts and Reasons


The defendant (our client) experienced a decrease in income and, to supplement household expenses, found a domestic work opportunity on Facebook. The other party provided a company name and related employment contract. After verifying the company's existence, the defendant submitted their ATM card and related bank account information as requested. However, the defendant was unfortunately exploited in a fraud scheme. The plaintiff later filed a lawsuit after the defendant's funds were stolen by the fraudulent group.


Prosecutor's Disposition


The defendant in the above case, related to fraud and other offenses, has been cleared after the investigation concluded, and a decision of non-prosecution was made.

Upon review, the relevant conversation records clearly show that the defendant, in response to a domestic work advertisement, came into contact with a fraud group and was subsequently deceived. After being defrauded, the defendant reported the incident to the police. Therefore, it cannot be ruled out that the defendant is also a victim of fraud. Simply because the plaintiff transferred the stolen funds to a financial account does not provide sufficient grounds to infer that the defendant was involved in aiding the fraud or money laundering activities.


(Some details of the case have been adjusted or omitted to protect the parties' rights.)


Attorneys: Vincent Huang

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