Taiwan  fraud , attempted fraud      
                                                              
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Country Reports on Human Rights practices, USA , 3-11-2020:  Some political commentators and academics,  publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases. Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements

Country Reports on Human Rights practices, USA, 3-13-2019:  "justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. "

CTS TV news, 7-10-2019:  public trust on Taiwan's judges is about 20%, only 32% are satisfied with prosecutors.  The United Daily,  2-26-2019:  National Chung Cheng university's survey shows that Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.  

 

 
international fraud damaged Taiwan image ...  
Taiwan legal system extremely tolerant of Taiwan fraud/scammers
 
  quora, 4-16-2016:  "Taiwan largely sees these telecom frauds/phone scammers  as an asset rather than liability...";   Taiwan's legal system is extremely tolerant of the scammers. Not matter how much money was involved in a scamming case  /  https://www.quora.com/Does-Taiwan-rely-on-the-fraud-industry-heavily,  /4-16-2016

●   Forbes 6-23-2016: Taiwan's fraud network is expanding overseas.
   BBC (UK) 4-22-2016: Taiwanese massive international telecoms frauds lead to diplomatic row between Taiwan and China, and cost Chinese victims billions of Yuan and to have driven some to suicidehttp://www.bbc.com/news/world-asia-36108762

 

   RFI.fr  (France) 6-7-2019:   Some 94 Taiwanese who allegedly committed online and telephone fraud in Spain have been extradited to Beijing on Friday ( news 2-19-2017: Taiwan  "deeply regrets"  Spanish Decision to Deport around 200 Taiwanese to China in Fraud Case )

  bike-eu, (Europe)Nov. 2019: After EU Investigation investigation into various Taiwan-made labelled products including e-bikes and bicycles, Taiwan Steps Up Fight Against Fraud of Rules of Origin

  United Daily, 10-23-2019, editorial: Taiwanese telecom frauds run wild the entire world to damage Taiwan's image.  
  CTV evening news, 12-14-2017  19:19pm Taiwanese fraud crimes are really all over the world.   EBC  TV news 4-9-2017 6:54am:
Taiwan is notorious for its fraud crimes all over the world, ing the i

   United Daily News (ref. to 聯合報), Opinion, 8-2016 : Taiwan's legislators and judicial system don't have a sense of shame on int'l telecomm scammers cases.   ref to United Daily News (聯合報), Opinion, 8-2016 
 CNA Nov 21, 2019 - Taipei, A total of 29 Taiwanese suspects involved in cross-border telecom fraud in Japan have been repatriated to Taiwan
 


 

 

 

pic.  : No.1 "Taiwan fraud" on US Yahoo search engine, 5-19-2020, 5-8-2020

 

 

                           

pic. left : No.1 "Taiwan fraud" on Bing, 5-19-2020,  4-30-2020;      pic. right: No.1 "Taiwan fraud" on Yahoo Taiwan, 5-19-2020, 4-28-2020

 

 

 

              

       pic. left : No.1 "Taiwan fraud" on Dogpile, 4-30-2020;                

pic.  right : No.1 "Taiwan fraud" on Yippy (powered by IBM), 5-8-2020

 

 

 

         

pic. left : No.1 "Taiwan fraud" on AOL, 5-19-2020;   pic. right : No.1 "Taiwan attempted fraud" on Bing, 4-21-2020

 

 

 

pic.  : No.1 "Taiwan fraud" on MetaGER of Germany, 5-19-2020

 

 

 

   

pic. : No.1 "attempted fraud in Taiwan" on Dogpile , 4-22-2020
 

 

 

                       

 

   

 


pic. left:  No.1 "Taiwan attempted fraud " on ECOSIA of Germany Berlin, 4-25-2020;
pic. right: No.1 "attempted fraud in Taiwan" on Metager of Europe , 4-22-2020
 

 

 

 

 


pic. :  No.1 "attempted fraud in Taiwan" on Excite, 4-23-2020

 

 

                          

 

 

 


pic. left:  No.1 "attempted fraud in Taiwan" on WebCrawler , 4-23-2020
pic. right: No.1 "Taiwan attempted fraud" on DuckDuckGo, 4-25-2020
 


Case study:   In the case below, the suspect already attempted to commit fraud, but Taiwan High Prosecutor said it's not an "attempted fraud" crime.  Is the conclusion
one more mistake made by Taiwan prosecutors?  int'l and local experts can tell...

 


  brief :  The suspect's attempting to commit fraud, is not a crime of <attempted fraud>,
concluded by Taiwan's high prosecutors.

 

 

arguments by high court prosecutor and Taipei prosecutor

my reasons

1 The suspect (accused) returned money, therefore, it's hard to say she had any illegal intention.  

"the suspect returned money" is because the complainant found out her intention in time , and then asked her to rewrite IOU (certificate of indebtedness), therefore later the accused has no other choice but to return money. Cambridge dictionary: "attempt" (of a crime) is someone has tried to commit without success.


According to Supreme court precedent (99 -台上 no.8154 judgment): "The suspects already attempted to be a fraud, even not successful, still committed <attempted fraud> crime." (上訴人等人已著手於詐欺行為,雖未得逞,仍屬詐欺未遂。) therefore, the suspect of this case did commit <attempted fraud> crime."

 

2 it's hard to say the suspect (accused) tried to have money by tricks or ruse. the suspect (accused) 's mother language is English, and graduated from senior high school, why did she write "brought ~ for " instead of elementary school 3rd degree (according to US study) word "borrow ~ from"?? besides, her handwriting was not clear enough, she also used "for" not "to" usually used, because "for" looks like "from" more than "to".   therefore she was attempting to do that on purpose or intentionally.
" brought $2000 for my boss" means her boss owe her money, "borrow $2000 from my boss" means she owe boss money.   Looks similar on surface but on the contrary to the bone, it's a clever trick makes creditor to be debtor.
3 In investigation session, the complainant said there's no difficulty in understanding that simple English, therefore the complainant had not trapped into mistake

 

 

 

The High Court prosecutor should review the recording video during investigation (inquery) session once again, the complainant said that for a short while "brought for" was mistaken for "borrow from" since the suspect (accused) 's  handwriting was not that clear.   Another document earlier mentioned this as well.
Certainly a Master-degree person has no difficulty in understanding such elementary words, but at first glance the form looked OK, everything seemed there, also, through my eyes but beyond my mind  no one suppose can create this sort of trick, not to mention a foreign laborer can do it.   The trick is not a clumsy or inferior idea, so it is a crime, according to Supreme Court precedent 46臺上no.360. 

 

4 The suspect (accused) had no bad intention.

the complainant should understand "brought $2000 for boss" means "borrow $2000 from my boss"  

In conversations, she never spoke out or blurted out  any mistake even on the tense (such as "I understood", not "understand" as below ),  not to mention people usually give more careful consideration to whatever they write on a document in relation to money.  Therefore, it's not within reason for an English-language people to write "brought for" standing for "borrow from".

 

DVD ( 3-24-2019 recorded by the complainant )
1 complainant Linda ~ Do you understand all the Hollywood movie said ? (電視正播放中)
2 the suspect: Yes
3 complainant are you graduated from elementary school or junior high school?
4 the suspect: Senior high school
5 complainant But ... ... last time you wanted to borrow money from me, I wanted you to write ...
6 the suspect: an IOU
7 complainant You wrote "bring for" not "borrow from"?
8 the suspect: Ye sir ~   but I understood
     

 

    High Court prosecutor's arguments

 

 

     pic.:  from High Court prosecutor

 

 

 

http://www.pclaw.com.tw/info/qanda/id/182.html   台灣律師網

 


按刑法第339條第3項規定,不論是第1項之普通詐欺罪(意圖為自己或第三人不法之所有,

以詐術使人將本人或第三人之物交付者),或是同條第2項之詐欺得利罪

(意圖為自己或第三人不法之所有,以詐術得財產上不法之利益或使第三人得之者),

均對未遂犯加以處罰。

 

準此,行為人只要是基於詐欺之故意與不法所有意圖而著手施行詐術,

而使相對人陷於錯誤,縱使相對人未實際交付財物,或者行為人未實際獲得財產利益,

仍舊構成詐欺未遂而須加以處罰。

 

比較有疑問者在於,倘若行為人基於詐欺之故意與不法所有意圖而著手施行詐術,

但未使相對人陷於錯誤,此際究竟構成詐欺未遂,還是根本不構成詐欺罪而不須加以處罰?

我國實務見解曾有認為不構成詐欺未遂者,理由在於「陷於錯誤」

屬於詐欺罪之「本質內涵」,假使行為人根本未陷於錯誤,則並無動用刑法加以保護之必要

  (參照新竹地方法院99年審易字第53號判決意旨)。
 

    

 

 

  Chinese version:  pls. click

  Many foreign laborers are potential criminals, according to UDN 2019 !  full details