Article Content
Chapter 5 Penal Provisions
| Article 57 |
（Penalties）
A responsible person or staff member of a financial holding company who violates his/her duty with the intent to gain illegal benefit for himself/herself or a third party and damages the financial holding company's assets or other interests shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years, and may be fined a criminal fine of not less than ten million New Taiwan Dollars (NT$10,000,000) and not more than two hundred million New Taiwan Dollars (NT$200,000,000). Those who thereby obtain any property or property interests from such crimes of one hundred million New Taiwan Dollars (NT$100,000,000) or more shall be punished by imprisonment for not less than seven (7) years, and may also be fined a criminal fine of not less than twenty-five million New Taiwan Dollars (NT$25,000,000) and not more than five hundred million New Taiwan Dollars (NT$500,000,000).
When two or more responsible persons or staff members of a financial holding company jointly commit the offenses prescribed in the preceding paragraph, their punishment may be increased by up to one-half of the specified punishment.
Attempts to commit the acts described in the Paragraph 1 here of shall be punishable. |
| Article 57- 1 |
（Penalties）
When persons, with the intent to unlawfully own others’ property for themselves or a third person, use fraudulent methods to cause the financial holding company to make payment using the assets of the financial holding company or a third party, or use illicit methods to enter fictitious data or illicit commands into the financial holding company computer or relevant equipment and thereby create the records of acquisition, loss or alteration of property ownership and take the property of another, those who thereby obtain any property or property interests from such crimes of one hundred million New Taiwan Dollars (NT$100,000,000) or more shall be punished by imprisonment for not less than three (3) years and not more than ten (10) years, and may also be fined a criminal fine of not less than ten million New Taiwan Dollars (NT$10,000,000) and not more than two hundred million New Taiwan Dollars (NT$200,000,000).
Those who use methods described in the foregoing paragraph to obtain the illegal benefit of assets or cause a third party to do so shall likewise be subject to the specified punishments.
Attempts to commit the acts described in the preceding two paragraphs shall be punishable. |
| Article 57- 2 |
（Penalties）
For those who have turned themselves in after committing crimes stipulated in Article 57 or Article 57-1 and delivered all criminal gains, if any, out of their free will, their sentences shall be reduced or remitted. If their acts have led to the capture of other principal offenders or joint offenders, their sentences shall be remitted.
For those who have committed crimes stipulated in Article 57 or Article 57-1 and confessed during investigation, they have delivered all criminal gains, if any, out at their free will, their sentences shall be reduced. If their acts of confession have led to the capture of other principal offenders or joint offenders, their sentences shall be reduced by one-half.
For those who have committed crimes stipulated in Article 57 or Article 57-1, if any property or property interests obtained from such crimes has exceeded the highest level of fines, more fines can be added within the range of their illegal gains. Should their criminal acts have jeopardized the stability of the financial market, their sentences shall be increased by one-half. |