涉嫌事實
林汶銘明知經營銀行業務須經主管機關許可，非銀行不得辦理國內外匯兌業務，竟基於非法經營兩岸地下匯兌業務並賺取高額會潤之犯意聯絡，由同案被告王忠誠招攬客戶進行匯兌，再由同案被告萬鴻政依客戶係兌換人民幣或新臺幣之需求，再由如附表所示臺灣帳戶匯出如附表所示金額之新臺幣至客戶指定帳戶，以此方式賺取買賣匯差及規避銀行警示，林汶銘涉犯銀行法第29條第1項之非銀行不得辦理國內外匯兌業務之規定。 The Defendant, Lin Wen-Ming, has long been collaborating with co-defendants Wan Hong-Zheng and Wang Zhong Cheng (publicly prosecuted) in investing in real estate in Chongqing, China and assisting with the investments or part of the foreign exchange business of co-defendants Wan Hong-Zheng and Wang Zhong Cheng. Co-defendant Lin Zi-Yi, Lin Wen-Ming's elder sister, frequently went to Mainland China to deal business with Lin Wen-Ming and Wan Hong-Zheng. Co-defendant Huang Xiao-Zhu, Lin Zi-Yi's daughter and the person-in-charge of Yubao International Co., Ltd (hereinafter referred to as Yubao), jointly operated Yubao with co-defendant Lin Zi-Yi, providing clients with payment services for purchased goods or stored values in Mainland China. The Defendant Lin Wen-Ming and co-defendants Wang Zhong Cheng, Wan Hong-Zheng, Lin Zi-Yi, and Huang Xiao-Zhu, being fully aware that banking businesses must be licensed by the competent authority and that non-bank entities are not allowed to operate foreign exchange businesses, nonetheless conspired to illegally operate underground banking across the Strait and obtain profits from large differences in exchange rate. During the time specified in the table below, co-defendant Wang Zhong Cheng solicited clients for foreign exchange, and co-defendant Wan Hong-Zheng subsequently provided quotes and took orders from the clients using the communications software WeChat under nicknames such as "money" and "millionaire." Co-defendant Wan Hong-Zheng used the method of client-to-client exchange according to the clients' need for the exchanges of RMB or TWD to gain profits from exchange rate differences without being detected by banks. He would instruct a Taiwanese client to remit RMB to an account under his control in Mainland China; subsequently, the TWD in the amount shown in the table below would be remitted from an account in Taiwan as shown in the table below to the account designated by the client. The same method was also adopted for TWD-to-RMB exchange. The Defendants are therefore deemed suspects of offense pertaining to violating the prohibition of non-bank entities from operating foreign exchange business as stipulated in Article 29, Paragraph 1 of the Banking Act, and shall be punished for illegal operation of foreign exchange in accordance with the first half of Article 125, Paragraph 1 of the same Act.Facts of the Case: The Defendant, Lin Wen-Ming, has long been collaborating with co-defendants Wan Hong-Zheng and Wang Zhong Cheng (publicly prosecuted) in investing in real estate in Chongqing, China and assisting with the investments or part of the foreign exchange business of co-defendants Wan Hong-Zheng and Wang Zhong Cheng. Co-defendant Lin Zi-Yi, Lin Wen-Ming's elder sister, frequently went to Mainland China to deal business with Lin Wen-Ming and Wan Hong-Zheng. Co-defendant Huang Xiao-Zhu, Lin Zi-Yi's daughter and the person-in-charge of Yubao International Co., Ltd (hereinafter referred to as Yubao), jointly operated Yubao with co-defendant Lin Zi-Yi, providing clients with payment services for purchased goods or stored values in Mainland China. The Defendant Lin Wen-Ming and co-defendants Wang Zhong Cheng, Wan Hong-Zheng, Lin Zi-Yi, and Huang Xiao-Zhu, being fully aware that banking businesses must be licensed by the competent authority and that non-bank entities are not allowed to operate foreign exchange businesses, nonetheless conspired to illegally operate underground banking across the Strait and obtain profits from large differences in exchange rate. During the time specified in the table below, co-defendant Wang Zhong Cheng solicited clients for foreign exchange, and co-defendant Wan Hong-Zheng subsequently provided quotes and took orders from the clients using the communications software WeChat under nicknames such as "money" and "millionaire." Co-defendant Wan Hong-Zheng used the method of client-to-client exchange according to the clients' need for the exchanges of RMB or TWD to gain profits from exchange rate differences without being detected by banks. He would instruct a Taiwanese client to remit RMB to an account under his control in Mainland China; subsequently, the TWD in the amount shown in the table below would be remitted from an account in Taiwan as shown in the table below to the account designated by the client. The same method was also adopted for TWD-to-RMB exchange. The Defendants are therefore deemed suspects of offense pertaining to violating the prohibition of non-bank entities from operating foreign exchange business as stipulated in Article 29, Paragraph 1 of the Banking Act, and shall be punished for illegal operation of foreign exchange in accordance with the first half of Article 125, Paragraph 1 of the same Act.
