Relevant Legal Provisions

Civil Code Article 184：A person who intentionally or negligently infringes upon another's rights is liable for damages. The same applies to those who intentionally cause harm to others in a manner contrary to public morals. If a person violates a law that protects others and causes damage, they are liable for compensation. However, if the person can prove that their actions were without fault, they are not subject to this liability.

Money Laundering Control Act, Article 14, Paragraph 1： Anyone engaging in the money laundering behaviors listed in Article 2, Paragraphs 1-7 shall be punished by imprisonment for up to 7 years, and a fine of up to NT$5 million.

(As of July 31, 2024, amended to Article 19 of the same law: Anyone engaging in money laundering behaviors listed in Article 2, Paragraphs 1-7 shall be punished by imprisonment for not less than 3 years but not more than 10 years, and a fine of up to NT$100 million. If the property or benefits involved in the money laundering are less than NT$100 million, the punishment will be imprisonment for no less than 6 months but no more than 5 years, with a fine of up to NT$50 million.)

Facts and Reasons

The defendant assisted a fraud group in collecting illegal proceeds and used indirect and secretive methods to transfer the funds. The defendant created breaks in the financial institution's transaction records to disguise the origin and destination of the funds, sold their bank account to the fraud group, and provided the passbook, ATM card and PIN, online banking account and password to the fraud group. The fraud group then deceived the plaintiff (our client) by pretending that a mobile application for stock trading could generate profits, causing the plaintiff to make an erroneous transfer of NT$50,000 to the disputed account.

Judgment

The defendant is ordered to pay the plaintiff NT$50,000.

According to Article 184, Paragraph 1 of the Civil Code, anyone who intentionally or negligently infringes upon another's rights is liable for damages.
It was found that the defendant, in assisting the fraud group to collect illegal proceeds, sold their bank account to the fraud group for NT$80,000, provided the passbook, ATM card and PIN, online banking account and password, and facilitated the setting up of transfer accounts, allowing others to use these as tools for fraud and money laundering. The defendant's actions were in violation of the Money Laundering Control Act, Article 14, Paragraph 1, for general money laundering offenses, and the defendant was sentenced by the criminal court to 4 months in prison, with a fine of NT$40,000. The plaintiff claimed that the defendant's illegal actions had infringed upon their property rights, and according to Article 184, Paragraph 1 of the Civil Code, the plaintiff requested compensation for the damages of NT$50,000, which was deemed reasonable.
 

Attorneys：Herman Lyu