Taiwan fraud   
  
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jump to    case study -  fraud / attempted fraud     Taiwan fraud (as below)

China Times, 2022-8-15  editorial:  National team of scams/fraud -   in recent 20 years, Taiwanese set up computer telecommunication Facilities around the world for scams and fraud, so that Taiwan's name "island of Fraud or scams" (「詐騙之島」)  goes worldwideTaiwanese government's cross-border cooperation and law amending was too slow to catch up criminals' updated tech. and ongoing tricks refurbishment; the victims include  ranking officials, the rich & famous  ... Cross-border scams involve human-trafficking groups, gangs, government, diplomacy etc complicated factors ... Taiwanese government covering bad news made things more difficult.  Taiwanese people being lured by high pay to Cambodia and then being suffered from trafficking in human organs arise concerns. chinatimes.com/opinion/20220814003040-262101?chdtv

 

  United Daily(聯合報), editorial, 2022-7-24  :  Taiwan's social security is always stable- Taiwanese government's tricky slogan  - not only celebrity kept encountering fraud, almost every citizen got fraud phone or messages,  the government declared establishing a "fighting fraud" national team (「打詐國家隊」) which is as empty as "drugs zero-tolerance" slogan by Tsai administration.    udn.com/news/story/7338/6483566?from=udn-catehotnews_ch2

 

Diplomat , 2022-8-16:   Taiwanese authorities fear thousands of Taiwanese have been trafficked into the Southeast Asian country and forced to work for criminal syndicates... Cambodia are rife of enslavement, beatings, torture, and being resold.  thediplomat.com/2022/08/taiwan-frets-for-thousands-trafficked-into-cambodia/  
FocusTaiwan, 2022-8-8, 2022-8-9:  Thousands of Taiwanese lured to Cambodia by the promise of high-paying jobs may be stuck there as victims of human trafficking, according to an estimate by the National Police Agency (NPA)... a series of reports of Taiwanese going to Cambodia on promises of jobs paying NT$70,000 (US$2,350) to NT$200,000 a month and later being subject to abuse...If an employee refused to work or performed poorly, managers would punish them with beatings or even electric shocks from a taser  focustaiwan.tw/society/202208080026    focustaiwan.tw/society/202208090016

 FTV News (民視新聞), 2022-8-9:  youtube.com/watch?v=iZXseYVxt3A

 

  Taipei Times, 2022-6-11: Romance scams thrive in Taiwan   From cliched schemes to elaborate setups, online romance scams continue to grow, with over 1,000 reported victims losing more than NT$400 million last yearWith today’s technology, scammers don’t need to directly ask for money. All they need is personal information.  “The trickiest part of dating fraud is that through [daily interaction], the victims have already invested much time, emotion and other sunk costs.  taipeitimes.com/News/feat/archives/2022/06/11/2003779700

 

  United Daily, editorial, 2022-1-1:  Taiwanese fraud/scams group open 24 hours all year round.  udn.com/news/story/7338/6001966?from=udn-catehotnews_ch2


  United Daily (經濟日報), editorial, 2022-4-11: When the senior citizens look for comprehensive financial planning of their retirement pension or  wealth, they often encounter situations such as solicitation and fraud by CRM (Bank Customer Relationship Manager(理專) ) or CB WM (Consumer Banking Wealth Management staffs)  , false advertisements of financial products, and insurance exploitation, which bring great risks to  them, and  lead to unnecessary instability in the society  udn.com/news/story/7338/6229227?from=udn_ch2cate6643sub7338_pulldownmenu_v2

 
Taipei Times, 2021-11-28:  Taiwanese-led fraud operation busted in Turkey    taipeitimes.com/News/front/archives/2021/11/28/2003768638

  Scientific Reports Journal, Food Navigator Asia, 2-9-2021: Fish fraud findings: Almost 20% of fish in Taiwan found to be mislabelled - study. https://www.foodnavigator-asia.com/Article/2021/02/09/Fish-fraud-findings-Almost-20-of-fish-in-Taiwan-found-to-be-mislabelled-study  Nature,  12-15-2020: The rates and consequences of seafood substitution frauds in Taiwan were elusive.  Snapper, cod and surimi products are particularly vulnerable to fraudulent substitutions. The high abundance of Pseudomonas in tilapia sashimi mislabeled as snapper unveils a potential health issue pertaining to the consumption of raw mislabeled seafood.  Seafood substitution is a fraud in which the fish is sold by the name of a different, often more expensive fish.  modern seafood products often appear in the form of fish pieces, filets or even ready-to-eat meals instead of whole fishes. The food processing technologies can also change the original color and luster of the meat. The lack of identifiable features poses challenges in verifying label information by the look, touch and feel of the products https://www.nature.com/articles/s41598-020-79070-y

  United Daily, editorial, 2021-4-28:  Vice Chairperson (翁柏宗) of Taiwanese government's National Communications Commission (NCC, Executive Yuanwas fooled by scam phone and handed in NT$  3.58 millions (about USD120 thousands) to fake prosecutor and policeman. udn.com/news/story/7338/5415649

  Reuters, DW (Germany), 12-31-2020: Chinese court sentences 29 Taiwanese deported from Spain / In recent years, hundreds of Taiwanese nationals, suspected of committing telecoms fraud overseas, have been deported to China instead of their home territory Beijing maintains that the Taiwanese nationals are accused of defrauding Chinese people and should be tried in its courts.  Beijing says it has incurred huge financial losses as a result of telecom fraud, with callers often impersonating law enforcement officials and preying on the elderly, students or the unemployed.  brief www.dw.com/en/chinese-court-sentences-29-taiwanese-deported-from-spain/a-56103248

 
 international fraud damaged Taiwan image ...  
Taiwan legal system extremely tolerant of Taiwan fraud/scammers
 
  quora, 4-16-2016:  "Taiwan largely sees these telecom frauds/phone scammers  as an asset rather than liability...";   Taiwan's legal system is extremely tolerant of the scammers. Not matter how much money was involved in a scamming case  /  https://www.quora.com/Does-Taiwan-rely-on-the-fraud-industry-heavily,  /4-16-2016

●   Forbes 6-23-2016: Taiwan's fraud network is expanding overseas.
   BBC (UK) 4-22-2016: Taiwanese massive international telecoms frauds lead to diplomatic row between Taiwan and China, and cost Chinese victims billions of Yuan and to have driven some to suicidehttp://www.bbc.com/news/world-asia-36108762

●   FocusTaiwan,  2021-3-14: 31 suspects arrested for cross-border telecom fraud in Yilan.   Chinese victims were bilked out of NT$7 million (US$248,189)  focustaiwan.tw/society/202103140012 

   RFI.fr  (France) 6-7-2019:   Some 94 Taiwanese who allegedly committed online and telephone fraud in Spain have been extradited to Beijing on Friday ( news 2-19-2017: Taiwan  "deeply regrets"  Spanish Decision to Deport around 200 Taiwanese to China in Fraud Case )

  bike-eu, (Europe)Nov. 2019: After EU Investigation investigation into various Taiwan-made labelled products including e-bikes and bicycles, Taiwan Steps Up Fight Against Fraud of Rules of Origin

  United Daily, 10-23-2019, editorial: Taiwanese telecom frauds run wild the entire world to damage Taiwan's image.  
  CTV evening news, 12-14-2017  19:19pm Taiwanese fraud crimes are really all over the world.   EBC  TV news 4-9-2017 6:54am:
Taiwan is notorious for its fraud crimes all over the world, ing the i

   United Daily News (ref. to 聯合報), Opinion, 8-2016 : Taiwan's legislators and judicial system don't have a sense of shame on int'l telecomm scammers cases.   ref to United Daily News (聯合報), Opinion, 8-2016 
 CNA Nov 21, 2019 - Taipei, A total of 29 Taiwanese suspects involved in cross-border telecom fraud in Japan have been repatriated to Taiwan

●  Liberty Times, 5-31-2016: Taiwan fraud scammers have 173 branch offices or strongholds globally   news.ltn.com.tw/news/politics/breakingnews/1714357


 


 

 
Domestic fraud  ...   Taiwan legal system extremely tolerant of Taiwan fraud/scammers
 
●  
Taiwan News,
2021/01/22: Former manager of Microsoft Taiwan investigated for fraud, Ex-manager, four accomplices from other companies accused of falsifying orders to undercut competition    taiwannews.com.tw/en/news/4109263

 

   ettoday, 2021-2-11: The more police cracks down, the more fraud cases? Police finds it hard to say that, to tackle the problem at its roots,  most responsibility lies in other government units .  The number of fraud cases in each year in recent three years is around 23,000monetary loss is between NTD 3.7 billions and 4.2 billions   https://www.ettoday.net/news/20210211/1917772.htm#ixzz6pF1CtPD3
ref to United Daily News (聯報), Opinion

●   Taiwan News, 2021/01/27:  During a nationwide crackdown on fraud ahead of the Lunar New Year holiday, police nabbed 2,386 suspects accused of involvement in 320 scams. CIB found NT$356 million in illegal profits.   taiwannews.com.tw/en/news/4113152

, 8-2016 

  Country Reports on Human Rights practices, USA , 3-11-2020:  Some political commentators and academics,  publicly questioned the impartiality of judges and prosecutors involved in high profile, politically sensitive cases. Judicial reform advocates pressed for greater public accountability, reforms of the personnel system, and other procedural improvements

Country Reports on Human Rights practices, USA, 3-13-2019:  "justice ministry was insufficiently independent and conducted politically motivated investigations of politicians. "

CTS TV news, 7-10-2019:  public trust on Taiwan's judges is about 20%, only 32% are satisfied with prosecutors.  The United Daily,  2-26-2019:  National Chung Cheng university's survey shows that Judicial reform failed to satisfy more than 80% Taiwanese , the public trust on Taiwan judiciary is down to about 20%.  

 

 

          

pic.  : The site-group was ranked No.1 "Taiwan fraud" on Microsoft Bing, 2022-8-15, 2022-1-3, 2021-6-24, 2021-3-30, 3-17-2021, 2-16-2021, 1-14-2021, 9-5-2020

 

 

pic. : No.1 "Taiwan fraud" on Yahoo (Taiwan) , 2022-8-15, 2022-1-3, 2021-6-23, 2021-3-30, 3-17-2021, 2-16-2021, 1-14-2021, 5-19-2020, 4-28-2020, No.1 "Taiwan fraud" on Yahoo (US) , 2022-1-3, 2021-6-24, 2021-3-30, 1-30-2021,5-19-2020

 

 

 

pic.  : The site-group was ranked No.1 on Yandex of Russia, 2022-8-15, 2022-1-3, No.2 "Taiwan fraud" on Yandex of Russia, 2021-6-24

 

 

pic.  : No.1 "Taiwan attempted fraud" on Bing, 2022-8-15, 2022-1-3, 2021-6-23, 2021-3-30, 3-17-2021, 1-14-2021, 4-21-2020

 

 

 

              

       pic. left : No.1 "Taiwan fraud" on Dogpile, 2022-1-1, 2021-6-24, 2021-3-30, 2-16-2021, 1-14-2021, 4-30-2020;

No.1 "attempted fraud in Taiwan" on Dogpile , 2022-1-1, 2021-3-30, 4-22-2020;              

pic.  right : No.1 "Taiwan fraud" on Yippy (powered by IBM), 2021-3-30, 5-8-2020

 

 

         

pic. left : No.1 "Taiwan fraud" on AOL, 2022-1-1, 2021-6-24, 2021-3-30, 2-16-2021, 5-19-2020;  

 

 

pic.  : No.1 "Taiwan fraud" on MetaGER of Germany, 2022-1-1, 2021-6-23, 5-19-2020;No.2at 2022-8-15

 

   

 


 

 

 

                           

 

 

 


pic. right: No.1 "Taiwan attempted fraud" on DuckDuckGo, 2022-1-3, 4-25-2020
 


Case study:   In the case below, the suspect (an English-speaking laborer) already attempted to commit fraud by English trick, but Taiwan High chief Prosecutor said it's not an "attempted fraud" crime.  Is the conclusion one more mistake by Taiwan prosecutors?  int'l and local experts can tell...

 


  brief :  The suspect's attempting to commit fraud, is not a crime of <attempted fraud>,
concluded by Taiwan's high prosecutors.

 

 

arguments by high court chief prosecutor Hsing Tai-Chao and Taipei prosecutor Min-Chao Hong

my reasons

1 The suspect (accused) returned money, therefore, it's hard to say she had any illegal intention.  

"the suspect returned money" is because the complainant found out her intention in time , and then asked her to rewrite IOU (certificate of indebtedness), therefore later the accused has no other choice but to return money. Cambridge dictionary: "attempt" (of a crime) is someone has tried to commit without success.


According to Supreme court precedent (99 -台上 no.8154 judgment): "The suspects already attempted to be a fraud, even not successful, still committed <attempted fraud> crime." (上訴人等人已著手於詐欺行為,雖未得逞,仍屬詐欺未遂。) therefore, the suspect of this case did commit <attempted fraud> crime."

 

2 it's hard to say the suspect (accused) tried to have money by tricks or ruse. the suspect (accused) 's mother language is English, and graduated from senior high school, why did she write "brought ~ for " instead of elementary school 3rd degree (according to US study) word "borrow ~ from"?? besides, her handwriting was not clear enough, she also used "for" not "to" usually used, because "for" looks like "from" more than "to".   therefore she was attempting to do that on purpose or intentionally.
" brought $2000 for my boss" means her boss owe her money, "borrow $2000 from my boss" means she owe boss money.   Looks similar on surface but on the contrary to the bone, it's a clever trick makes creditor to be debtor.
3 In investigation session, the complainant said there's no difficulty in understanding that simple English, therefore the complainant had not trapped into mistake

 

 

 

The High Court prosecutor should review the recording video during investigation (inquery) session once again, the complainant said that for a short while "brought for" was mistaken for "borrow from" since the suspect (accused) 's  handwriting was not that clear.   Another document earlier mentioned this as well.
Certainly a Master-degree person has no difficulty in understanding such elementary words, but at first glance the form looked OK, everything seemed there, also, through my eyes but beyond my mind  no one suppose can create this sort of trick, not to mention a foreign laborer can do it.   The trick is not a clumsy or inferior idea, so it is a crime, according to Supreme Court precedent 46臺上no.360. 

 

4 The suspect (accused) had no bad intention.

the complainant should understand "brought $2000 for boss" means "borrow $2000 from my boss"  

In conversations, she never spoke out or blurted out  any mistake even on the tense (such as "I understood", not "understand" as below ),  not to mention people usually give more careful consideration to whatever they write on a document in relation to money.  Therefore, it's not within reason for an English-language people to write "brought for" standing for "borrow from".

 

DVD ( 3-24-2019 recorded by the complainant )
1 complainant Linda ~ Do you understand all the Hollywood movie said ? (電視正播放中)
2 the suspect: Yes
3 complainant are you graduated from elementary school or junior high school?
4 the suspect: Senior high school
5 complainant But ... ... last time you wanted to borrow money from me, I wanted you to write ...
6 the suspect: an IOU
7 complainant You wrote "bring for" not "borrow from"?
8 the suspect: Ye sir ~   but I understood
     

 

    High Court chief prosecutor's (Hsing Tai-Chao) arguments

 

 

     pic.:  from High Court prosecutor

 

◆  The possibility that the suspect took political orders to commit crimes ( the victim brought other law-suits to courthouse already ) can't be excluded

 

 

 

 

 

http://www.pclaw.com.tw/info/qanda/id/182.html   台灣律師網

 


按刑法第339條第3項規定,不論是第1項之普通詐欺罪(意圖為自己或第三人不法之所有,

以詐術使人將本人或第三人之物交付者),或是同條第2項之詐欺得利罪

(意圖為自己或第三人不法之所有,以詐術得財產上不法之利益或使第三人得之者),

均對未遂犯加以處罰。

 

準此,行為人只要是基於詐欺之故意與不法所有意圖而著手施行詐術,

而使相對人陷於錯誤,縱使相對人未實際交付財物,或者行為人未實際獲得財產利益,

仍舊構成詐欺未遂而須加以處罰。

 

比較有疑問者在於,倘若行為人基於詐欺之故意與不法所有意圖而著手施行詐術,

但未使相對人陷於錯誤,此際究竟構成詐欺未遂,還是根本不構成詐欺罪而不須加以處罰?

我國實務見解曾有認為不構成詐欺未遂者,理由在於「陷於錯誤」

屬於詐欺罪之「本質內涵」,假使行為人根本未陷於錯誤,則並無動用刑法加以保護之必要

  (參照新竹地方法院99年審易字第53號判決意旨)。
 

    

 

  more case studies :  cases (English),  cases  (Chinese)

  Chinese version:  pls. click

  Many foreign laborers are potential criminals, according to UDN 2019 !  full details

  Taiwan judiciary:   judiciary Taiwan prosecutors :  prosecutors