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Back退伍女軍官投資澳洲幼兒園簽證詐騙案,高雄高分院判陳姓被告敗訴需償還200萬元
退伍女軍官投資澳洲幼兒園簽證詐騙案,高雄高分院判陳姓被告敗訴需償還200萬元
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自由时报1 hour agoCrime2 min readChinaView translation

退伍女軍官投資澳洲幼兒園簽證詐騙案,高雄高分院判陳姓被告敗訴需償還200萬元

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退伍女軍官陳姓受詐騙集團「Ellie」誘騙,邀請學妹葉姓投資澳洲幼兒園簽證,葉女匯出390萬元後發現被騙,兩人簽20年還款200萬元協議,陳女未履約,一審判其償還200萬元,葉女假執行扣押208萬元,陳女上訴追討,高雄高分院判其敗訴,認定無遭脅迫,協議屬創設性契約,違約即喪失期限利益,債務視同全部到期。

AI-generated summary

Why It Matters

陳姓退役軍官透過臉書認識暱稱「Ellie」,誤信其具有澳洲政府背景,聲稱可透過投資布里斯班「TINY STAR」幼兒園取得澳洲186雇主擔保移民簽證,隨後成立LINE群組發動投資詐騙。

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陳姓女退休軍官邀學妹投資移民澳洲,兩女事後都受騙。示意圖。(彭博資料照)

葉姓退伍女軍官聽信陳姓學姊介紹,砸下390萬元投資澳洲幼兒園申請簽證慘被騙光,事後雙方簽下20年還款200萬元協議,陳女卻未履約,一審判陳女須償還200萬元,葉女拿一審勝訴扣押陳女208萬元,陳女上訴追討,高雄高分院判陳女敗訴。

判決指出,陳姓女子與葉姓女都是海軍退役軍人,2022年間,陳女透過臉書認識暱稱「Ellie」,誤信對方有澳洲政府背景,能透過投資布里斯班「TINY STAR」幼兒園取得澳洲186雇主擔保移民簽證。陳女隨後成立LINE群組拉葉女入局,葉女於2023年8月起陸續匯出19.5萬澳幣(約新台幣390.6萬元)。

但最後一筆款項匯出後,葉女等人才發現該幼兒園資本額僅1澳幣、發行1股,根本無法營運或擔保簽證。「Ellie」捲款潛逃後,葉女憤而對陳女及其丈夫提告詐欺。檢警調查發現,陳女自己竟也是受害者,先前也陸續交付133萬台幣及95萬澳幣(逾2千萬元台幣)給「Ellie」,刑事部分檢察官裁定陳女不起訴確定。

雖然免去牢獄之災,但早在2023年10月,葉女曾前往陳女家中談判,陳女當時簽下「債務協議書」,承諾自2024年1月起以20年分期方式,共計償還葉女200萬元,但陳女事後一毛未給,並抗辯稱當時遭對方帶三字經脅迫簽字且自己也是受害人。

高雄地方法院審理後認為,陳女簽約時家中尚有其他家人且自由未受限,難認遭脅迫,該協議書屬於創設性的和解契約,陳女既然違約未按月給付,即已喪失期限利益,債務視同全部到期,判決陳女必須給付葉女200萬元及法定利息。

陳女不服上訴,主張當時葉女夫婦登門以「差沒有帶刀帶槍而已」、「不認債就不離開」及三字經脅迫簽字,且主犯「Ellie」刑事和解僅賠88萬元,要她扛200萬元顯失公平,要求葉女返還這筆被假執行扣走的208萬元。

高雄高分院審理後認定,簽約當天現場尚有長輩在場,雙方曾提議至里長辦公室談,且協議書歷經多次修改才定案,難認有脅迫情事,且協議書屬於創設性合約,陳女未履約即喪失期限利益,因此判決上訴駁回,葉女假執行扣款完全合法,陳女無權要求返還,全案仍可上訴。

☆自由時報電子報提醒您,防詐騙專線︰165,報案專線︰110☆

Open Questions

  • 詐騙集團「Ellie」的真實身份與所在地是什麼?
  • 澳洲當局是否已介入調查此類虛假移民簽證詐騙?
  • 受害人是否有其他途徑追回被詐騙的資金?

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