Collecting and passing on scam proceeds may amount to aggravated fraud under Criminal Code Article 339-4 and money laundering under Money Laundering Control Act Article 19. Under Article 43 of the Fraud Crime Hazard Prevention Act, the sentencing range rises once the amount victims handed over reaches set thresholds. A police attendance notice or flagged account does not mean the person has already been indicted. Article 46 allows a reduced sentence or exemption for a person who surrenders and pays the full settlement within six months. Article 47 allows a reduced sentence for a person who confesses throughout the investigation and trial and pays in full within its statutory period. Eligibility depends on the case.
Can merely providing an account create liability?
Possibly. Article 22 of the Money Laundering Control Act generally prohibits providing an account for another person's use. A violation generally brings a police warning; criminal punishment under Article 22(3) may also apply when compensation is promised or received, three or more accounts are provided in total, or another violation occurs within five years after a warning. Whether it also amounts to assisting fraud or laundering requires a separate assessment of conduct and intent. See providing an account and assisting fraud.
What offenses can arise from collecting or transferring money?
A person who knows money came from fraud, or foresees that possibility and accepts it, may face aggravated-fraud liability if an Article 339-4 condition is also met, such as commission by three or more people acting together. That article prescribes one to seven years' imprisonment and a possible fine of up to NT$1 million.
Receiving, holding or using proceeds of another person's specified crime, or concealing their origin, may separately fall under Money Laundering Control Act Article 19. For property below NT$100 million, the penalty is six months to five years' imprisonment plus a mandatory fine of up to NT$50 million; at or above NT$100 million, it is three to ten years' imprisonment plus a mandatory fine of up to NT$100 million (Art. 19(1)). How overlapping offenses are adjudicated depends on the precise acts and legal relationship between them.
How do the amount-based aggravated-fraud penalties work?
Where Article 339-4 applies, Article 43 of the Fraud Crime Hazard Prevention Act sets higher ranges according to the property or economic benefit delivered by the victim: at least NT$1 million, three to ten years' imprisonment and a possible fine of up to NT$30 million; at least NT$10 million, five to twelve years and a possible fine of up to NT$300 million; at least NT$100 million, at least seven years and a possible fine of up to NT$500 million.
These thresholds concern what the victim delivered, not simply the courier's personal payment. The amount attributable to a defendant is a case-specific evidentiary question.
犯刑法第三百三十九條之四之罪，使人交付之財物或財產上利益達新臺幣一百萬元者，處三年以上十年以下有期徒刑，得併科新臺幣三千萬元以下罰金。使人交付之財物或財產上利益達新臺幣一千萬元者，處五年以上十二年以下有期徒刑，得併科新臺幣三億元以下罰金。使人交付之財物或財產上利益達新臺幣一億元者，處七年以上有期徒刑，得併科新臺幣五億元以下罰金。（詐欺犯罪危害防制條例第43條）
Unofficial English summary (not an official translation): Fraud Crime Hazard Prevention Act Article 43 sets three to ten years for aggravated fraud yielding at least NT$1 million, five to twelve years at NT$10 million and at least seven years at NT$100 million, with possible additional fines.
Why are vague “high-paying jobs” a warning sign?
Fraud groups may advertise unusually high pay while describing the work vaguely as fund transfers or collections. A purported employer's request for a bank account, ATM card or password, or for cash to be withdrawn at an ATM or convenience store and handed to a stranger, is a serious warning sign. Stop and verify the employer and the transaction before participating.
Does a police notice or flagged account mean I have been indicted?
No. A request to attend police questioning is part of an investigation. Under Article 9(4) of the Fraud Crime Hazard Prevention Act, judicial police investigating fraud may notify a financial institution to flag a suspected account and suspend all transactions. Neither measure is itself an indictment. Prosecutors decide whether to indict after investigation and review of the evidence.
See the guides to a police attendance notice and a later prosecutor's summons.
What rights apply during questioning?
Before questioning a defendant, authorities must inform them of the suspected offense and all alleged charges, the right to remain silent, the right to choose counsel, and the right to request investigation of favorable evidence (Code of Criminal Procedure, Art. 95). During an investigation, defense counsel may attend questioning by prosecutors or judicial police, take notes and state an opinion under Article 245, subject to statutory grounds for restriction. Counsel's attendance must not be arbitrarily restricted or prohibited.
訊問被告應先告知下列事項：一、犯罪嫌疑及所犯所有罪名……二、得保持緘默，無須違背自己之意思而為陳述。三、得選任辯護人……四、得請求調查有利之證據。（刑事訴訟法第95條第1項）
Unofficial English summary (not an official translation): Code of Criminal Procedure Article 95(1) requires notice of all alleged offenses and the rights to silence, counsel and investigation of favorable evidence before questioning.
Can surrender, confession or settlement reduce a sentence?
Potentially, if every statutory condition is met. Under Article 46 of the Fraud Crime Hazard Prevention Act, a person who surrenders after committing a covered fraud crime and, within six months of surrender, pays the full amount under a mediation or settlement with the victim may receive a reduced sentence or exemption. Article 46(2) provides a further possible exemption if the action also enables the authorities to uncover the person who initiated, organized, controlled or directed the fraud organization (查獲), or to seize all property or property interests delivered by all victims to the organization.
Article 47 provides a possible reduction if the person confesses throughout the investigation and every trial and, within six months of the first confession during the prosecutor's investigation, fully pays the amount agreed in mediation or settlement. Its second paragraph allows a possible reduction or exemption if this also enables the authorities to uncover the person who initiated, organized, controlled or directed the fraud organization (查獲), or to seize all property or property interests delivered by all victims. Timing, payment and eligibility need individual assessment; no reduction is automatic.
If you have received a notice, your account is flagged, or you are unsure about your involvement, consider speaking with counsel before giving an account of events. This page is general information, not advice for an individual case.