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The investigation by the Chiayi District Prosecutor's Office of the defendant surnamed Dai was concluded to prosecute

  • Publication Date:
  • Last updated:2023-06-15
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Prosecutor Chen Jing-hui of Chiayi District Prosecutor's Office commanded the Taichung City Investigation Division of the Investigation Bureau of the Ministry of Justice, Investigate the case of a member of the Chiayi City Council surnamed Dai suspected of fraudulently receiving subsidies for assistants, and has been investigated.

After the investigation was completed, a public prosecution was initiated. The relevant criminal facts and the relevant laws and regulations are briefly described as follows:

1.Facts of the crime:

Dai has been serving as a member of the Chiayi City Council from the 8th to the 10th term since March 1, 1999, knowing that the public-funded assistant subsidy (including the year-end bonus, namely the Spring Festival condolences) was paid by the Chiayi City Council's budget and direct appropriation. It is not a part of a member's salary, nor is it a substantial subsidy to the member's individual, It should be verified that the full payment is paid to the person who works as a public assistant, and it must not be claimed or misappropriated for false declarations. If there is no actual need to hire a public assistant, it is not allowed to use the name of the public-funded assistant to receive the relevant public assistant subsidies. The criminal intention of taking advantage of the opportunity to defraud property, From June,101 to February, 111, knowing that surname Chen , Guo , Qiu , and Zeng  ( four people involved made the civil servants publish the false crime, and the punishment was deferred) they actually did not work as a public –funded assistant, or only occasionally assisted, they did not receive salary, but reported to the Chiayi City Council that four of Dai’s employees were public-funded assistants at different times. And provide the accounts they have applied for to the Chiayi City Council as an assistant salary account, so that the undertaker of the Chiayi City Council will be mistaken, and the salaries and year-end work bonuses of four people will be transferred into these accounts every month, and their account information or managed by Dai, or they will take out the amount in the account and hand it over to Dai, for her personal use. , total of fraudulent are NT$5,187,774 dollars (During the investigation, two land and houses in the east and west districts of Chiayi City registered in Dai’s name have been seized).

2.Articles of law committed:

Defendant Dai was guilty of Article 5, Item 1, Item 2 of the Corruption Offences Ordinance and Article 214 of the Criminal Code for the crime of taking advantage of official positions to defraud property ,the officer is accused of publishing false public documents.

3.Specific punishment:

The defendant served as a councillor of Chiayi City for 12 years. As a representative of public opinion,and bearing the voter's entrustment to the municipality, but taking advantage of her position to defraud NT$5,187,774 dollars for breaching civil service rules, against the public's attitude towards civil servants ,the requirements and expectations of integrity, impartiality, and procedural transparency in the performance of duties; after being seized, she still pretended to disclaim, not only flatly denying the crime, but also said that employment of assistants was attributed to her father (who has passed away).

All of the defendant's defenses were unacceptable, and the defendant had a bad attitude and never showed any remorse. It is recommended that she should be sentenced to 24 years in prison in order to have the effect of punishment.

(Posted on 111.5.30)

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