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  • 刑事法律 No Referral in Fraud Case Against Employee Who Delivered Contract Funds on Supervisor??s Instruction



  • The client was an employee who assisted a supervisor with project-related work. Following the supervisor??s instructions, the client merely delivered a contract payment and travel expenses to a project proposer. After the proposer delivered the project output but did not receive the remaining balance, the client, who had delivered the funds, was accused of fraud on the allegation that the client deceived the proposer by refusing to pay the balance.

    Taelim??s defense team focused on proving that the client had no fraudulent intent to deceive the other party and take money. The defense emphasized that the client was not a party to the contract and had not been involved in the details or progress of the agreement, but had acted only as a messenger. The delay in paying the balance was not based on the client??s own decision; it resulted from the supervisor??s instruction to clarify issues such as ownership of the project deliverables.

    The defense submitted materials, including a demand for payment of the remaining balance, showing that the supervisor had actually reviewed the deliverables and intended to approve payment. These materials strongly supported the argument that the client had no deceptive intent to avoid paying the balance.

    The investigative agency reviewed Taelim??s evidence and legal arguments and concluded that the client was not a contracting party and that the client??s conduct alone was insufficient to prove fraudulent intent. The agency issued a no-suspicion disposition based on insufficient evidence and made a no-referral decision. This case demonstrates the importance of clearly separating an employee??s objective role and legal responsibility from the actions of a supervisor when the employee becomes involved in a complex workplace instruction. Taelim??s analysis of the internal command structure and contractual relationship successfully protected the client from unfair criminal liability.

    ** If you are facing a situation similar to the above case, please feel free to contact Law Firm Taelim at any time.

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