| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Investment fraud in Taiwan can trace their roots back to the operations of underground investment companies such as Hongyuan and Longxiang in the 1980s. The modus operandi used by these companies featured fraudulent investment on the basis of their social networks, which bore more than a passing resemblance to the Ponzi scheme. To investigate and prosecute this type of crimes, the government amended Article 29-1 of the Banking Act in 1990, designating the Banking Bureau, Financial Supervision Commission as the competent authority. Nonetheless, the constituent element of this Article, namely “to accept deposits or obtain capital from the general public by agreeing to pay or paying a bonus, interest, share dividend interest or other reward in an excessive amount,” is not only in contradiction to the definition of illegal income in Article 125-2 of the same Act, but also inconsistent with the offenses of fraud provided in Criminal Code. Legal controversies have raged over relevant practices as a result. On top of that, recent cybernization and globalization have made new devices available for investment fraud syndicates, enabling them to metamorphose into diverse forms. As a consequence, a safe and sound investment environment can be created for the general public only when this type of crimes is practically rooted out.
This thesis is a comprehensive and systematic analysis of the statistical data on the investment fraud cases in Taiwan investigated by the Investigation Bureau, Ministry of Justice between 2014 and 2016. In general, the lack of appropriate investment opportunities for exceeding refugee capital, low criminal costs, and the disproportionate crime profits to pertinent punishment have collectively accelerated the cybernization of criminal platforms and the internationalization of crime syndicates. Furthermore, this type of crimes is increasingly prone to members at a younger age. However, investigating cybercrimes and seizing their illegal incomes are like herding cats, which is why we urgently require effective legislation against investment fraud.
The data analyzed in this thesis include the judicial rulings, resolutions of the Criminal Divisions Conference of the Supreme Court, minutes of (inter-)ministerial meetings, theories and literature involving Articles 29-1 and 125 of the Banking Act, as well as the new provisions for confiscation and precautionary seizures contained in the amendment to the Criminal Code made in July 2016. The results suggest an economic criminal law principle as a critical direction for investigating and prosecuting investment fraud, that is, the illegal income and anything else acquired from the commission of the offense shall not be possessed by any party.
After assessing Article 29-1 of the Banking Act as well as the confiscation and precautionary seizures provided in the Criminal Code, this thesis makes itself a source of reference for competent authorities by putting forward synthetic suggestions concerning law enforcement and amendment from three major aspects; to wit, prevention, investigation, and revision.
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