生活中偶爾不慎收到偽鈔時,不論是因為交易或找零取得,對於收到偽鈔的民眾而言總是一種損失,而不得不自認倒楣。但是如果心存僥倖,將偽鈔混入真鈔中,而將偽鈔轉手他人時,則將構成犯罪。
刑法第196條第2項規定:「收受後方知為偽造、變造之通用貨幣、紙幣、銀行券而仍行使或意圖供行使之用而交付於人者,處一萬五千以下罰金。」低額的 罰金刑,是因為立法者考量民眾在交易中取得偽鈔耐是不得已,亦是受害者, 故大幅降低民眾使用收受後方知為偽鈔的行為的刑責,但是這並不改變此為 「犯罪」的本質。因此,雖然刑度偏低,但是行使偽鈔後,民眾將背負犯罪前,對自己之名譽及日後知交易信用均有不良影響。因此民眾於收到偽鈔後, 宜將之送交警局,切慕心存僥倖轉手他人,以免害人害己。
Occasionally, people may inadvertently receive counterfeit money, whether through a transaction or as change. For those who receive counterfeit bills, it's always a loss. And they may simply consider themselves unlucky. However, if someone, hoping for a stroke of luck, mixes counterfeit money with real bills and then passes the counterfeit bills to others, it will constitute a crime.
Article 196, Section 2 of the Criminal Code states: "Anyone who, after receiving counterfeit or altered general currency, banknotes, and knowingly uses it or intends to pass it on for use, shall be fined up to NT$ 15,000." The relatively low fine is because lawmakers considered that the public may inadvertently receive counterfeit money during transactions and are thus victims themselves. As a result, the penalty for knowingly using or passing counterfeit money is significantly reduced. However, this does not change the fact that it is still considered a "crime." Therefore, even though the penalty is mild, using counterfeit money will result in a criminal record, which can negatively affect one's reputation and future transaction credibility. For this reason, if you receive counterfeit money, it is advisable to hand it over to the police rather than attempting to pass it on to others, to avoid harming both yourself and others.
March 9, 2025