涉嫌事實
葉士銘於103年起與王安石、宋慧喬、劉大威、蔣華榮及陳萱玲等人，明知非銀行不得經營收受存款業務，亦不得以借款、收受投資、使加入為股東或其他名義，向多數人或不特定之人收受款項或吸收資金，竟基於共同非法吸收資金之犯意聯絡，藉投資不動產等各式投資方案名義，約定或給付與本金顯不相當之紅利及利息，招攬受害人林紫璿等人加入投資，吸金金額達新臺幣（下同）1億5,025萬5,750元，涉犯銀行法第29條、第29條之1、第125條第1項之罪。 The Prosecutor's statement: 1. As a married couple, Wang An-Shi (originally named Wang Zhong-Zhen) and Song Hui-Qiao (orignially named Song Zhi-Yang; Song Ya-Zhi) were the de facto persons-in-charge of the following five companies (hereinafter collectively referred to as Jian Fu Group): Jian Fu Investment and Management Consultancy Co., Ltd. (originally named Bethlehem Development and Construction Co., Ltd., and located in 6F-10, No. 51, Hengyang Rd., Zhongzheng Dist., Taipei City; hereinafter referred to as Jian-Fu Investment); Jian Fu Asset Management Co., Ltd. (originally named Bethlehem Real Estate Co., Ltd. and located in 10F-1, No. 127, Shuiyuan Rd., Zhongzheng Dist., Taipei City; hereinafter referred to as Jian Fu Asset); Jian Fu Cultural Creative Co., Ltd. (located in 7F-9, No. 51, Hengyang Rd., Zhongzheng Dist., Taipei City; hereinafter referred to as Jian Fu Cultural Creative); Fu Jian Jiang Health Co., Ltd. (address: 6F-10, No. 51, Hengyang Rd., Zhongzheng Dist., Taipei City; hereinafter referred to as Fu Jian Jiang); and Zhai Bo Shi Distribution Co., Ltd. (10F-1, No. 127, Shuiyuan Rd., Zhongzheng Dist., Taipei City; hereinafter referred to as Zhai Bo Shi). An assistant to Wang An-Shi and Song Hui-Qiao, Ye Shi-Ming was the registered person-in-charge of Jian Fu Asset, Jain Fu Cultural Creative; and Fu Jian Jiang. He also assisted Wang An-shi and Song Hui-qiao in singing contracts with investors, and participated in the soliciting of investors as the general administrative officer of Jian Fu Group. Liao Yong-Jie (originally named Liao Pei-Yu) is the mother of Song Hui-Qiao and provided Son Hui-Qiao with her bank account (account number: 550168172753) opened at the Guilin Branch of Taipei Fubon Commercial Bank (hereinafter referred to as Taipei Fubon Bank). She has also served as the registered person-in-charge of Jian Fu Asset and Zhai Bo Shi. Chen Xuan-Ling was the President of Jian Fu Asset and was in charge of soliciting business from unspecified investors via the Internet, cold calling, and other methods. Jiang Hua-Rong was the Vice President of Zhai Bo Shi and Jian Fu Asset and was in charge of handling business matters and attracting unspecified customers. He also acted as lecturers and handled investors' funds. 2. Wang An-Shi, Song Hui-Qiao, Ye Shi-Ming, Chen Xuan-Ling, and Jiang Hua-Rong were all fully aware that non-bank entities may not operate or accept deposits, nor are they allowed to borrow money, accept investments, make the depositor a shareholder or use other classifications in order to accept deposits or obtain capital from the general public by agreeing to pay or pay a bonus, interest, share dividend interest or other reward in an excessive amount. However, the aforesaid five individuals still conspired to illegally raise capital (Wang An-Shi, Song Hui-Qiao, and Ye Shi-Ming in particular also conspired to obtain money by fraud). Since 2014, Chen Xuan-Ling and Jiang Hua-Rong have invited unspecified individuals via the Internet or cold calling to a meeting room set up by Jian Fu Group in 7F.-9, No. 51, Hengyang Rd., Zhongzheng Dist., Taipei City to hear information and lectures related to real estate investment and other investment matters. They also employed professional lecturers to offer information related to the practice and laws of real estate investment, thus attracting students with financial resources wishing to quickly acquire more wealth. Claiming to conduct cooperative investments, Wang An-shi and Song Hui-qiao invited celebrity politicians and business people to meetings called "Summit" or "Celebrities' Meeting", thus making it easier for students to believe that Jian Fu Group had political and business connections and professional knowledge. Subsequently, Wang An-Shi and Song Hui-Qiao selected well-funded students and instructed them to participate in investment plans devised by Jian Fu Group as shown in the attached documents in Tables 1, 2, 3 and 4. In addition, Chen Xuan-Ling and Jiang Hua-Rong, acting as lecturers of Jian Fu Group's investment courses, provided relevant information and solicited Jian Fu Group's investment plans of guaranteed principal and interest. Jiang Hua-Rong even offered pick-up services with luxury sports cars for investors, thus creating an illusion in investors that they could become rich quickly. Using such method, they concentrated investment capital from unspecified investors by agreeing to pay or pay a bonus, interest, share dividend interest or other reward in an excessive amount. Investors, on the other hand, remitted deposits to designated bank accounts, or provided investment funds by credit card via third-party payment platforms, in cash, or by other methods. Wang An-Shi, Song Hui-Qiao, and Ye Shi-Ming then provided the receipts, promissory notes, contracts, and land ownership certificates issued by the five aforementioned companies as proofs of investment and guarantees. Using these methods, they have defrauded money totaling NT$150,255,750. The investment plans are detailed as follows: (1) Loans and earnest payment plans: Since 2013, Wang An-Shi, Song Hui-Qiao, Ye Shi-Ming, Chen Xuan-Ling, and Jiang Hua-Rong, representing Zhai Bo Shi, Jian Fu Asset, and Jian Fu Cultural Creative, have made the following statement to investors specified in Table 1: in order to invest in real estate and negotiate with construction companies, it was necessary to raise capital from investors. For this reason, they collected deposits from investors using the deposit account specified in Table 1 or in cash. Furthermore, they and investors signed "Loan and Repayment Contract" "Consumption Loan Contract," and "Earnest Payment Obligatory Claim Contract," which stipulate that an interest at 9–24% annual rate is guaranteed. They have also issued promissory notes of the same amount as the investment fund as guarantees and promised to repay the principal at maturity. In addition, investors who successfully solicited more investors would be rewarded with 2–4% of the investment principal as bonus. A total of NT$80,340,750 have been concentrated using this method. (2) Equity investment plans: Since 2015, Wang An-Shi, Song Hui-Qiao, Ye Shi-Ming, Chen Xuan-Ling, and Jiang Hua-Rong, representing Jian Fu Asset and Jian Fu Cultural Creative, have sold stocks of the aforesaid companies at NT$10–20 per share to investors specified in Table 2 and made the following statement: the company was investing in real estate that was expected to rise in market price. It would be listed as emerging stocks by June 1, 2018. The company proposed a "guaranteed profit" plan as follows: after investors purchased the company's stocks, if the company did not successfully list them as emerging stocks or the price of these stocks did not reach NT$30/share, the company was willing to unconditionally repurchase the stocks held by shareholders. They then collected investment funds from investors via bank transfer into the account specified in the Table 2 or in cash, and signed the "Equity Investment Agreement" and the "Subscription Form for Shares for Capital Increase" with the investors. It was also guaranteed that 1% interest of the principal and 0.5% of sales performance would be offered every month. In addition, investors who successfully solicited more investors would receive 2–4% of the investment principal as bonus. Using these methods, they have concentrated capital totaling NT$37,215,000. (3) Operation fund plans: Since 2014, Wang An-Shi, Song Hui-Qiao, Ye Shi-Ming, Chen Xuan-Ling, and Jiang Hua-Rong, representing Fu Jian Jiang, have made the following statement to investors specified in Table 3 that the company will cooperate with Xiamen Lotus Hospital and Dr. Jiang Shoushan in Taiwan to set up a tourist central kitchen to provide meals for postnatal care and other special medical purposes, and that they needed to raise funds from investors to operate the kitchen. The fund was collected via bank transfer or in cash as specified in Table 3. They also signed the "Agreement," "Operation Fund Agreement," and other contracts with investors, in which dividends at an annual interest rate of 7–24% were guaranteed and the principal would be repaid to investors along with the final installment (i.e., guaranteed principal repayment). In addition, a promissory note of the same amount as the investment fund would be issued as a guarantee. In addition, investors who successfully solicited more external investors would be rewarded with 2–4% of the investment principal as solicitation bonus. A total of NT$31.4 million have been concentrated using this method. (4) Real estate investment plans: since January 2018, Wang An-Shi, Song Hui-Qiao, Ye Shi-Ming, Chen Xuan-Ling, and Jiang Hua-Rong, have represented Jian Fu Asset and solicited real estate investments to investors specified in Table 4. In these plans, they obtained capital from investors by having them purchase the following real estate investment courses: "economy class" for NT$60,000 (for an investment period of seven years); "business class" for NT$150,000 (for an investment period of six years); or "first class" for NT$280,000 (for an investment period of five years). They collected investment funds in the following methods: via bank transfer into the account specified in Appendix 4; in cash; and by credit card via third-party payment platform service provider Red Sunrise. They also solicited a "guaranteed profit plan" by signing "Real Estate Smart Investment Agreement" with investors and, offering investors low-price lands as guarantees, agreed to repurchase the lands for NT$63,000 (economy class), NT$165,000 (business class), or NT$308,000 (first class) after the investment period ended. During the investment period, investors may also participate in investment courses that were worth tens of thousand NTDs free of charge. In later investment plans, the prices for the investment courses were changed to NT$70,000 for "economy class" (for an investment period of seven years) or NT$168,000 for "business class" (for an investment period of six years) or NT$350,000 for "first class" (for an investment period of five years). The revised the "guaranteed principal or profit" plan and guaranteed that lands would be repurchased for NT$70,000 (economy class), NT$168,000 (business class), or NT$350,000 (first class) after the investment period ended. During the investment period, investors may also participate in investment courses that were worth tens of thousand NTDs free of charge. Using the aforementioned method, a total of NT$1.3 million were obtained. 3. In November 2016, Song Hui-Qiao and Wang An-Shi was fully aware that Jian Fu Group has not signed any agreements of cooperation in construction with well-known construction companies, including: Highwealth Construction Corp. (hereinafter referred to as Highwealth); Dingzhen Construction Co. Ltd. (hereinafter referred to as Dingzhen); Huaku Development Co., Ltd. (hereinafter referred to as Huaku); and Juntai Construction Co., Ltd. (hereinafter referred to as Juntai). Therefore, it was not possible to transfer the ownership of the houses developed in Highwealth's "Chungshan Kaiyan" construction project (hereinafter referred to as "Chungshan Kaiyan") to Zhang Rui-Rong ? Zhang Rui-Ling, who are sisters. Nevertheless, at the real estate investment classes, they made the following false claims to Zhang Rui-Rong and Zhang Rui-Ling: they have reached a deal with constructors to purchase apartments in the "Xin Fu Zhi Sen" residences located in No. 359, Sec. 3, Neihu Rd., Neihu Dist., Taipei City (hereinafter referred to as ?hu Xin Fu Zhi Sen) at NT$450,000/ping, which was lower than the normal market price. They have reached a deal with Highwealth to purchase apartments in the Chungshan Kaiyan residences located in No. 8, Ln. 68, Sec. 2, Xinsheng North Rd., Zhongshan Dist., Taipei City at NT$750,000/ping, which was lower than the normal market price. By claiming to plan to invest in these real estates together with investors, they tricked Zhang Rui-Rong ? Zhang Rui-Ling into purchasing four apartments at ?hu Xin Fu Zhi Sen and ten apartments Chungshan Kaiyan via the brokerage of Song Hui-Qiao and Wang An-Shi. Zhang Rui-Rong and Zhang Rui-Ling made the down payment for the four ? at ?hu Xin Fu Zhi Sen, which was 20% of the total price (NT$71,136,000), in eight installments totaling NT$14,227,200 to Jian Fu Cultural Creative's account No. 30100177777400 at Chengnei Branch of Chang Hwa Bank (hereinafter referred to as Jian Fu Cultural Creative Chang Hwa account No. 77400) during November 11–15, 2016. They also made the down payment for the ten apartments at Chungshan Kaiyan, which was 20% of the total price, in four installments totaling CN¥6,721,167 (or NT$3,091,500) to Song Hui-Qiao's account No. 6236683090002260064 at China Construction Bank between January and March, 2017. The total amount paid was NT$45,137,700. 4. Liao Yong-Jie was fully aware that Song Hui-Qiao was engaging in illegal fundraising activities, and that it was not necessary to offer bank accounts for Song Hui-Qiao to use. She nonetheless assisted with the fraud and offered the aforementioned account at the Guilin Branch of Taipei Fubon Bank to Song Hui-Qiao. Subsequently, Song Hui-Qiao conspired to gain illegal proceeds for herself by fraud and forgery of documents. In July 2016, she falsely claimed to Zhang Yi-Yin (not prosecuted) that she wished to apply for a loan for the house in 1F, No. 9, Aly 10, Ln. 40, Taishun St., Da'an Dist., Taipei City along with the land in which it is located (hereinafter referred to as "the House") and requested Zhang Yi-Yin to register as the owner of the House so that she could apply for a loan in her name. She also claimed that 1% of the loan would be paid to Zhang Yi-Yin as the handling fee and that the loan would later be repaid by Song Hui-Qiao. Zhang Yi-Yin thus gave her promise and cooperated with Song Hui-Qiao in applying for the loan for the House in August 2016. Song Hui-Qiao received a loan of NT$5.25 million and credit loan of NT$1 million. After Song Hui-Qiao received the money, on December 24, 2016, she falsely claimed to Li Shu-Ru that she wished to sell the House registered under Zhang Yi-Yin for NT$6.8 million, thus causing Li Shu-Ru to fall into the trap and agree to purchase the House. On March 27, 2017, Li Shu-Ru paid a deposit of NT$1 million in cash to Song Hui-Qiao. On a certain day before March 29, 2017, Song Hui-Qiao falsely signed "Zhang Yi-Yin" on the deposit receipt and the house sales contract. On March 29, 2017, she handed these documents to Li Shu-Ru, and made the following false claims: that the ownership of the House, registered under Zhang Yi-Yin, could not be transferred until the contract using Zhang Yi-Yin's name expired in October 2019, or otherwise a fee of NT$1.75 million must be paid to Zhang Yi-Yin, and that currently trust registration was the only option. She used these excuses to postpone the ownership transfer of the House, and had Feng Shi-Yang (not prosecuted), a land administration agent unaware of the acts, and Zhang Yi-Yin, also unaware of the acts, register the trust of the House under Li Shu-Ru on April 12, 2017. She also required Li Shu-Ru to perform remittances to the bank account at the Guilin Branch of Taipei Fubon Bank. Thus falling into a trap again, Li Shu-Ru remitted NT$5.8 million to the account on April 20, 2017. Subsequently, Liao Yong-Jie withdrew NT$3.37 million of the aforesaid amount in cash on April 26, 2017 and delivered it to Song Hui-Qiao for spending. Since April 29, 2018, Li Shu-Ru has made requests to implement the promised ownership transfer of the House. Song Hui-Qiao repeatedly postponed the ownership transfer by making excuses and eventually failed to fulfill her promise. Furthermore, since June 2018, she has ceased to pay loan installments for the House, absconded with her illegal proceeds and could not be found. Only then did Li Shu-Ru and Zhang Yi-Yin become aware that they have been defrauded. 5. This case has received reports from the following individuals: Lin En-Zheng, Wang Zhan-Ping, Wang Ze-Zheng, Chen Li-Xiang, Lin Zi-Xuan, Zheng Kai-Yu, Chen Ping-Jing, Fang Yu-Qi, Xu Nai-Xin, Zeng Ting-Yin, Chen Xuan-Ling, Jiang Bian-Lun, Zhong Yi-Xian, Li Shu-Ru, Wu Wen-Xuan, Lin Ren-Keng, Lin Jun-Qing, Yang Xian-Zhen, Guo Zhen-Lan, Zhang Rui-Rong, and Zhang Rui-Ling. The case was transferred by the Northern Mobile Team of the Ministry of Justice Investigation Bureau.
