Relevant Legal Provisions

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

Criminal Code, Article 339, Paragraph 1：A person who, with intent to unlawfully obtain property for themselves or a third party, uses fraudulent means to cause another to deliver property belonging to themselves or a third party shall be sentenced to imprisonment for not more than five years, detention, or a fine of up to NT$500,000, or a combination thereof.

Criminal Code, Article 30：A person who assists another in the commission of a crime is an accomplice. This applies even if the principal offender is unaware of the assistance.

Facts and Reasons

The complainant (i.e., our client) saw an advertisement online and joined a certain investment LINE group. Within the group, a person claiming to be a “teacher” shared investment-related information and recommended high-performing stocks, leading the complainant to believe that the company was a professional investment advisory firm.

On one occasion, a person claiming to be the “assistant to the teacher” stated that the company would implement an “integration plan.” Several other members in the group immediately echoed, claiming they had participated before and made substantial profits. They alleged that the project involved deep cooperation with government agencies, fund companies, major institutional investors, and multiple listed companies, and that it would drive up stock prices, yielding daily returns of 8% to 15%. The complainant was required to maintain strict confidentiality and to download a designated investment app used by the main operators, with assurances that significant profits could be obtained within three days.

Subsequently, the complainant followed the instructions of the teacher and assistant to operate the investment app. Initial withdrawals were not obstructed, which led the complainant to trust the scheme. In pursuit of higher profits, the complainant invested over NT$1 million. However, several months later, when the complainant attempted to withdraw funds exceeding NT$1 million, customer service refused, claiming that the complainant was participating in a special plan and was required to maintain funds for one week to stabilize the market. When the complainant sought assistance from the teacher, the teacher demanded that the complainant first pay a 12% profit-sharing fee under the “integration plan” before any withdrawal could be made.

Meanwhile, the teacher repeatedly promoted in the group that subscribing to new stock offerings through the app had no quantity limits and guaranteed profits. The complainant later received notifications of multiple successful allocations and was required to pay substantial subscription fees. As the complainant lacked sufficient funds, they expressed unwillingness to proceed. However, both customer service and the assistant claimed that once allocated, the subscription could not be declined, and failure to pay on time would result in a default settlement. Given the unusually high allocation rate and the inability to decline, which deviated from standard securities practices, the complainant gradually realized that this was likely a fraudulent scheme. Indeed, when the complainant subsequently requested withdrawals, customer service refused on the grounds that the 12% profit-sharing fee had not been paid and that the account had been frozen due to unpaid subscription fees. The complainant then directly contacted the registered company, whose staff stated that it was an electronics company rather than an investment firm and that they had recently received numerous similar inquiries. Only then did the complainant confirm that they had been defrauded by a criminal syndicate.

Judgment

The defendant was found guilty of aiding the offense of general money laundering under Article 19, Paragraph 1 (latter part) of the Money Laundering Control Act, and was sentenced to eight months of imprisonment and a fine of NT$60,000. If the fine is converted to labor, it shall be calculated at NT$1,000 per day.

The defendant was aware that financial account information involves financial credit and carries a high degree of exclusivity and confidentiality. If provided arbitrarily to others, it may be used by criminal organizations as a tool for illegal activities. Nevertheless, the defendant, with conditional intent to assist fraud and money laundering, provided such information to members of the fraud syndicate, thereby facilitating property crimes and money laundering offenses. The evidence in this case is clear, and the defendant's criminal conduct is established, warranting punishment in accordance with the law.

(Note: To protect the client's interests, certain case details and judgment images have been redacted and modified. For a full review of the case, please refer to  Judicial Yuan's judgment database)

Attorneys：Vincent Huang、Kevin Yu