￭ world
comments (below) ￭ case
study ( legal? political ?)
Chinese version
中文
◆
Reuters, DW (Germany), 12-31-2020:
Chinese court sentences 29 Taiwanese deported
from Spain
/
In recent years, hundreds of Taiwanese
nationals, suspected of committing telecoms fraud overseas, have been
deported to China instead of their home territory.
Beijing maintains that the Taiwanese nationals
are accused of defrauding Chinese people and should be tried in its courts.
Beijing says it has incurred huge financial
losses as a result of telecom fraud, with callers often impersonating law
enforcement officials and preying on the elderly, students or the
unemployed.
brief
www.dw.com/en/chinese-court-sentences-29-taiwanese-deported-from-spain/a-56103248
◆
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, No.2 at
1-14-2021
pic. : No.1 "Taiwan
fraud" on Microsoft Bing, 1-14-2021, 9-5-2020
pic. left : No.1 "Taiwan
fraud" on Bing, 1-14-2021, 5-19-2020, 4-30-2020; pic. right: No.1
"Taiwan fraud" on Yahoo Taiwan, 1-14-2021, 5-19-2020, 4-28-2020
 
pic. left : No.1 "Taiwan
fraud" on Dogpile, 1-14-2021, 4-30-2020;
pic. right : No.1 "Taiwan
fraud" on Yippy (powered by IBM), 5-8-2020 , No.3 at 1-14-2021
 
pic. left : No.1 "Taiwan
fraud" on AOL, 5-19-2020; pic. right : No.1 "Taiwan attempted
fraud" on Bing, 1-14-2021, 4-21-2020
pic. : No.1 "Taiwan
fraud" on MetaGER of Germany, 5-19-2020, No.2 at 1-14-2021
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 |
◆ The possibility that the suspect took political
orders to commit crimes ( the victim brought other law-suits to courthouse
already ) can't be excluded
|
|
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
more case studies :
case1 ,
case 2 ,
case 3
Taiwan
judiciary:
judiciary
;
Taiwan
prosecutors : prosecutors
