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Back胡青青偽造本票詐財案定讞 最高法院維持五年刑期
胡青青偽造本票詐財案定讞 最高法院維持五年刑期
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自由时报1 hour agoCrime2 min readChinaView translation

胡青青偽造本票詐財案定讞 最高法院維持五年刑期

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最高法院維持二審判決,認定胡青青偽造三名小姑印章簽立五張面額逾8.8億元本票,詐財未遂,依五件偽造有價證券罪合併判處五年有期徒刑定讞。

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Why It Matters

胡青青與三名小姑因家產爭議發生衝突,曾持榔頭伏擊,並偽造印章簽立高額本票詐財。

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有「華爾街女神」封號的股市名媛陳莉婷,其母胡青青4年前持偽造印章,假冒3名小姑的名義簽立5張面額共逾8.8億元的本票,向法院聲請強制執行,其中4件獲法院裁准,小姑們接獲法院裁定書覺得莫名其妙而報案,北檢起訴。最高法院維持二審判決,依5件偽造有價證券罪將胡青青合併判處5年有期徒刑,全案定讞將入獄。

一審台北地院依5件偽造有價證券罪,將胡青青各判處3年6月至5年徒刑,合併應執行6年刑期;二審高等法院今年3月仍認定構成5罪,但將其中1件由5年改判4年徒刑,另4件維持原判,合併應執行刑也由6年改判為5年;胡上訴,最高法院認為二審判決無違誤法令之處,駁回上訴定讞。

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胡青青、陳莉婷母女還曾為了爭家產,持榔頭伏擊陳姓小姑的頭部,高等法院去年2月依家暴殺人未遂罪判母女各8年徒刑,最高法院去年9月撤銷發回高院更審,高院更一審審理中。

判決指出,胡青青明知3名小姑(亡夫的妹妹們)並未與宏照科技公司及相關股東有任何金錢往來,也沒有債權、債務關係,卻未經3女同意或授權,偽刻3女印章,偽簽立5張面額各4900萬至5億8900萬元的本票,票面金額共8億8280萬元,其中1張面額高達5億8900萬元。

胡青青再以宏照公司名義,於2022年8月至10月間,提出5次民事聲請狀,附上她偽造的本票,向台北地方法院聲請強制執行,其中4張使不知情的司法事務官經形式審查後誤認為真,裁准強制執行,小姑們陸續收到裁定書後感到納悶,向法院提出抗告,並提出「本票債權不存在」之訴,經判決確認小姑勝訴,胡女詐財未遂。

3名小姑向北檢提出刑事告發,北檢偵辦後認定胡青青以偽造的印章偽簽本票,致法院誤認而做出錯誤裁定,認定她有偽造本票的犯意,2024年6月起訴胡青青。

北院審理時,胡青青承認偽造本票,但未與被害人和解,法官認為她造成3名小姑無端經歷抗告、聲請停止強制執行、確認本票訴訟等法律程序,額外花費本來無須開銷的律師費、訴訟費、程序規費等,莫名付出訴訟的勞力、時間與經費,故將5罪各量處3年半至5年刑,合併應執行6年。

胡青青上訴主張她已認罪,請求再輕判。高院仍認定犯行明確,但其中偽造5.89億元的本票金額雖高,但胡在後續抗告、訴訟時並未繼續虛構不實,強制執行最終也未成功,未有獲利,所生危害和其他4件沒有明顯差異,由5年改判4年,其餘4件維持原判,執行刑也由6年改判5年;最高法院認同二審見解,駁回胡女上訴定讞。

Open Questions

  • 陳莉婷是否知情或參與母親的詐財行為
  • 宏照科技公司是否受此事件影響
  • 家暴殺人未遂案更審後續進展

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