Case Background

Xiao De is a landlord who leased a store to a company preparing to open a shop. Shortly after signing the contract, the company began to request a rent reduction. Xiao De believed that everything had been discussed when the contract was signed and refused. The company’s manager, seeing that haggling was futile, demanded termination of the lease. However, the contract clearly specified the lease period and related termination clauses. Xiao De again refused based on the contract. Angered, the company manager sued Xiao De for multiple criminal offenses, including fraud and theft. Xiao De urgently sought help from our office.
 

Prosecutor's Office: Decision Not to Prosecute

Upon investigation, it was found that the nature of this case was a civil dispute over contract performance, yet the opposing party used criminal accusations as coercion after their demands for termination and rent reduction were rejected.

Fraud for financial gain is defined under Article 339 of the Criminal Code: "Anyone who, with the intention of unlawful gain for themselves or a third party, uses 'fraud' to cause a person to deliver property belonging to themselves or a third party shall be punished with imprisonment for not more than five years, detention, or a fine of not more than NT$500,000." To constitute this crime, the perpetrator must fabricate facts and use deceit, causing the victim to fall into error and transfer their property, establishing a causal relationship.

In this case, concerning the fraud accusation against Xiao De, the company manager claimed that Xiao De concealed that part of the store was an illegal construction. However, before signing the contract, the manager had inspected the site multiple times. The area in question was clearly an extension and in a public location. Before signing and handing over the contract, the signer had enough time and conditions to verify the actual use of the area. There is no other evidence to prove Xiao De concealed or used deceit regarding the illegal construction information, making it difficult to establish extortion for financial gain.

Ultimately, the prosecutor's office found Xiao De not guilty on all counts.
 

[Continue reading：How to File a Lawsuit? What to Do If You've Been Scammed?]