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Back台北市警員涉嫌勒索翡翠詐騙案 二審警無罪 非公務員維持有罪
台北市警員涉嫌勒索翡翠詐騙案 二審警無罪 非公務員維持有罪
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自由时报1 hour agoCrime2 min readChinaView translation

台北市警員涉嫌勒索翡翠詐騙案 二審警無罪 非公務員維持有罪

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台北市士林警分局時任偵查佐鍾玉杉、賴宥霖被指控與友人陳弘凱、何姓女模及陳母黃若淳合作,假扮貴婦勒索翡翠原石買家林男賠償400萬元。一審新北地院判貪污治罪條例共犯藉勢藉端勒索財物未遂罪,鍾員5年6月、賴員5年4月,皆褫奪公權3年。二審高等法院今逆轉改判兩警無罪,但非公務員陳弘凱、何女、黃若淳維持有罪,陳弘凱二審改判2年、褫奪公權2年;何女減刑改判1年4月並緩刑4年;黃若淳減刑改判1年3月並緩刑4年。另共犯林韋廷於一審期間過世,案件仍可上訴。

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Why It Matters

本案涉及警員假扮警察身分,與民眾串謀假扮貴婦,以持有贓物罪恐嚇勒索翡翠原石買家賠償400萬元。事發於2020年6月29日,被害人林男曾簽署賠償協議書後報警未付款。一審新北地院判貪污治罪條例共犯藉勢藉端勒索財物未遂罪,兩警分別獲刑5年6月、5年4月,皆褫奪公權3年。

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高等法院外觀。(資料照)

台北市士林警分局時任偵查佐鍾玉杉、賴宥霖,被檢方指控於2020年涉嫌與友人陳弘凱、何姓業餘女模特兒等人合作,「演戲」恫嚇林姓被害人指稱,其要賣的翡翠原石是「貴婦」遭竊的贓物,騙林簽下承諾賠償400萬元的協議書,林事發察覺異狀而報警,未上當付款;一審新北地院依貪污治罪條例之共犯藉勢藉端勒索財物未遂罪,將鍾員判處5年6月徒刑、賴員5年4月,皆褫奪公權3年;二審高等法院今逆轉改判2警無罪。全案仍可上訴。

但非公務員的1男2女二審仍維持有罪,主謀陳弘凱一審判刑3年6月,二審改判2年、褫奪公權2年;扮演「假貴婦」的何姓女大生兼職女模,一審判刑1年6月,考量她已全盤認罪,減刑改判1年4月、並予緩刑4年;居間扮白臉的陳弘凱之母黃若淳,一審判刑3年,也因認罪而獲減刑改判1年3月、緩刑4年,2女皆褫奪公權1年。另名男共犯林韋廷,於一審期間過世,新北院已判公訴不受理。

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判決理由尚未公布。新北地檢署起訴指控,被害人林男曾在陳弘凱的新北中和工作室內,以200萬元向林韋廷購買一顆翡翠原石,陳、林得知對方資力頗豐,找來鍾、賴2警策劃設局勒索,由何女假扮翡翠原石失主,2警稱要以持有贓物罪將林法辦,恫嚇勒索賠償金。

事發於2020年6月29日,陳男以要介紹貴婦給林姓被害人買翡翠原石為藉口,約林帶著翡翠到工作室,貴婦何女現身後,直指林的翡翠是她先前所失竊,要求林賠償,賴、鍾2員表明警察身分說:「你已涉犯贓物罪,是3年以上的罪,要想辦法處理」、「若不和解,將帶回派出所法辦」。陳母黃若淳則在旁扮白臉協調私了。

被害人誤信「貴婦」確實是失主,擔心遭法辦而心生畏懼,同意賠償,當場簽立協議書,承諾同年7月20日支付400萬元,陳母也假裝提供一只手鐲給貴婦保管,擔保林的債務。林事後發覺異樣,報警處理,未付400萬元。

涉案5人一審時皆否認犯罪。新北地院判5人皆共犯勒索財物未遂罪,假貴婦何女承認犯罪事實,只爭執共犯貪污罪名,獲得減刑,5人各被判處1年半到5年半徒刑。

經上訴,高院今日逆轉改判賴、鍾2警無罪,陳弘凱母子、何女等3人維持有罪,依「非公務員與公務員共犯藉勢藉端勒索財物未遂罪」論處,但皆減刑改判,並給予2女緩刑機會。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☆

What to Watch

AI outlook — possibilities, not facts

  • 檢方可能上訴至最高法院,爭求維持警員有罪判決

    Possible · Within months

  • 警政機關將加強對偵查佐等基層警員的貪污防範教育

    Likely · Within weeks

Open Questions

  • 二審判決警員無罪的具體理由為何尚未公布?
  • 警員是否真的不知情或僅是執行指示?
  • 翡翠原石真實來源及價值是否與案件有關?
  • 被害人林男是否有其他民事追償管道?

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