2009年12月30日 星期三

中華民國刑法 Criminal Law 339-345

Taiwan Criminal Law 刑法英文版
Article 339-345

Chapter 32
Offenses of Fraudulence, Breach of Trust, Taking, and Usury

Article 339
A person who by fraud causes another to deliver to him property belonging to such other or to a third person for purpose to exercise unlawful control over property of another for himself or for a fourth person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the preceding paragraphs is punishable.
Article 339-1
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another from a fees-collecting apparatus shall be sentenced to imprisonment not more than one year, short-term imprisonment, or a fine not more than three thousand yuan.
A person who takes an illegal benefit in property for himself or for a third person is subject to the same punishment.
Article 339-2
A person who for purpose to exercise unlawful control over property of another for himself or for a third person takes property of another through an ATM machine shall be sentenced to imprisonment not more than three years, short-term imprisonment, or a fine not more than ten thousand yuan.
A person who takes an illegal benefit in property for him or causes a third person to take it by means specified in the preceding paragraph shall be subject to the same punishment.
Article 339-3
A person who for purpose to to exercise unlawful control over property of another for himself or for a third person takes property of another by entering false data or wrongful directives into a computer or relating equipment for the creation of false or for the alteration of property ownership shall be sentenced to imprisonment not more than seven years.
A person who takes an illegal benefit in property by the method specified in the preceding paragraph shall be subject to the same punishment.
Article 340
(Deleted)
Article 341
A person who takes advantage of the ignorance, inexperience, and obvious lack of distinguishing ability or the suffering of similar conditions caused by mental retardation, intellectual defect of another person who is under the age of twenty to cause him to deliver property belonging to such other or to a third person for purpose to exercise unlawful control over it for himself or for a third person shall be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition thereto, a fine of less than one hundred thousand yuan may be imposed.
A person who by the means specified in the preceding paragraph takes an illegal benefit in property for himself or for a third person shall be subject to the same punishment.
An attempt to commit an offense specified in the one of the two preceding paragraphs is punishable.
Article 342
A person who manages the affairs of another for purpose to takes an illegal benefit for himself or for a third person or to harm the interests of his principal and who acts contrary to his duties and thereby causes loss to the property or other interest of the principal will be sentenced to imprisonment not more than five years or short-term imprisonment; in lieu thereof, or in addition there to, a fine not more than one thousand yuan may be imposed.
An attempt to commit an offense specified in the preceding paragraph is punishable.
Article 343
The provisions of Articles 323 and 324 shall apply mutandis mutatis to offenses specified in the six preceding articles.
Article 344
A person who takes advantage of the urgent need, carelessness, or inexperience of another to lend him money or other things at usurious interest obviously inappropriate to the principal shall be sentenced to imprisonment not more than one year or short-term imprisonment; in lieu thereof, or in addition thereto, a fine not more than one thousand yuan may be imposed.
Article 345
(Deleted)

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