Relevant Legal Provisions

Criminal Code Article 342: Any person who, while handling matters for others, intends to unlawfully benefit themselves or a third party, or to harm their own interests, and engages in conduct that violates their duties, resulting in damage to their own property or other interests, shall be punished by imprisonment for no more than five years, detention, or a fine of no more than 500,000 TWD, or both.The same penalty applies to attempts.

Facts and Reasons

The complainant signed a contract with the business manager of the disputed company, agreeing to sell relevant products through an investment-sharing model and distribute profits. However, the company did not distribute the expected profits to the complainant. Upon realizing this, it was suspected that the defendant (the person responsible for the disputed company) might be involved in breach of trust.

Prosecutor's Disposition

The above-mentioned defendant, involved in the breach of trust case, was investigated and concluded that no prosecution was warranted.

The defendant claimed to not be the actual responsible person for the company, stating that the actual responsible party was Mr. A (pseudonym), who had promised to pay the defendant a nominal fee. The defendant did not participate in the company’s operations, never went to the company, had no office, was unaware of the contract details, and did not keep any of the company’s contracts. A witness, the business manager, testified that there was no need to report to the defendant about the work, and the defendant did not engage in any substantial business discussions with them. The actual person executing the business and confirming the business content was the general manager, Mr. A. Therefore, the defendant’s statements about being a nominal responsible person and unaware of the company’s operations were not false. As a result, the defendant was neither the person handling matters for others nor was there sufficient evidence to prove that the defendant intended to unlawfully benefit from the company’s interests by violating their duties and causing harm to the company’s interests, which did not meet the requirements of breach of trust under the Criminal Code.

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

Defense Attorneys:Kevin Yu、Timothy Wu