The Supreme Court has upheld the decision by the Kinmen branch of the High Court to sentence a former major general to six years and eight months imprisonment and suspend his civil rights for three years for misappropriating a washing machine worth NT$7,990 (US$242.39).
In its ruling on Thursday, the Supreme Court dismissed the appeal by the former military officer, Lin Cheng-chia (林承家), and the prosecution, saying that there were no flaws in the High Court’s ruling.
The High Court had reduced the original sentence by a district court. The Supreme Court’s ruling in the case is final.
Photo: Chen Hsien-yi, Taipei Times
Lin’s offense of misappropriating public property under the Anti-Corruption Act (貪污治罪條例) came during his time as a major general and chief of staff in the outlying county of Kinmen between July 2017 and October 2019, according to the verdict.
In December 2017, he proposed purchasing a new washing machine for the then-deputy chief of staff after learning that the defense command was making such purchases for its soldiers.
However, the deputy chief, who was on the main island of Taiwan at the time, did not want the new washing machine, so Lin had his subordinates send the machine to his own residential address in Tainan, intending to keep the machine for himself, the ruling said.
When news of his actions spread, Lin gave his subordinate NT$8,000 in June 2018 to buy a new washing machine of the same type to place in a storeroom on the military base, according to the verdict.
After learning that he was under investigation, he had the original washing machine sent back to Kinmen and stored it at his friend’s property.
He also had the friend write an affidavit stating that the machine had been there for more than one year.
In August 2023, the District Court found Lin guilty of misappropriating public property, an offense subject to a prison sentence of at least 10 years and a fine of up to NT$100 million.
Although the illegal gains were less than NT$50,000, meeting the threshold in the Anti-Corruption Act for a reduced sentence, the court decided on a heavier sentence, because Lin showed no remorse for his behavior and tried to cover up his act.
Lin appealed the ruling to the High Court, which, in August last year, found the District Court’s sentence excessive and disproportionate to the crime, and reduced the sentence to six years and eight months.
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