Relevant Legal Provisions

Criminal Code Article 339, Paragraph 1：Anyone who, with the intent of unlawfully taking possession for themselves or a third party, uses fraudulent means to cause another person to hand over property belonging to themselves or a third party, shall be sentenced to imprisonment for not more than five years, short-term detention, or a fine of not more than NT$500,000, or both.

Money Laundering Control Act Article 19, Paragraph 1 (latter part)：Where the value of the property or benefits involved in money laundering is less than NT$100 million, the offender shall be sentenced to imprisonment for not less than six months but not more than five years, and may also be fined up to NT$50 million.

Facts and Reasons

In this case, the defendant (our client) saw an advertisement for debt consolidation on Facebook. After adding the related personnel as a friend on LINE, the other party, in order to gain trust, even provided documents such as an ID card photo. Believing this to be genuine, the defendant followed the instructions and mailed their own bank account ATM card. The fraud group then used the obtained account for criminal activities. There were multiple victims, all of whom filed complaints against the defendant. The defendant only realized they had been deceived when they later received a notification from the bank that the account had been flagged as suspicious.

Prosecutor's Disposition

The defendant, charged with violations of the Money Laundering Control Act and related offenses, has completed the investigation phase, and it has been determined that a non-prosecution disposition is appropriate.

As the defendant provided the account information in question under instructions for the purpose of applying for a loan, there is doubt as to whether the defendant could have foreseen that the account would be used for illegal purposes, or whether such circumstances, if true, would still contradict their intent. Furthermore, there is no additional conclusive evidence to establish that the defendant had conditional intent regarding the unlawful use of the account in this case. Therefore, in accordance with the law, the determination must favor the defendant, and liability for aiding fraud or aiding money laundering cannot be directly imposed.

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