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With regards to the calculation of the proceeds of crimes, the modes of "difference" and/or "proposed difference" would be applied in accordance with current court practice. This is a calculation with strict recognization in order to avoid someone who intends to breach the law but still obtains parts of benefits. If, it should be considered that if the court adopts such strict recognized method meets the market fair value? In the case of CyberPower, the company calculated the proceeds of crimes based on court practices are TWD184,703,436. However, if it calculated based on the modes of "dividend discount" and "free cash flow", the calculation result would be totally different from Taipei District Prosecutors Office, the judgments of district court and high court. Furthermore, it's more essential that such law application would lead the defendant to be deemed as a felony criminal and be sentenced to imprisonment for not less than seven years, which damages the defendant's human right seriously. |