A man surnamed Lin secretly took pictures of the landlord's lease contract, reported the landlord to the Internal Revenue Service for tax evasion and was sued, and the tenant was acquitted.
[Reporter Huang Jialin/Kaohsiung Report] A woman surnamed Xu rented a 5th-floor Toutian house to 5 tenants in layers. The tenant surnamed Lin on the 2nd floor found that Ms. Xu had put the lease contracts of 5 tenants in the common room. On the eve of the expiry of the lease, she took photos to report tax evasion to the National Taxation Bureau. Xu was furious and sued for obstructing secrets.
The judgment pointed out that the man surnamed Lin began to rent a house from Xu Xu in August 2017. He lived there for 3 years. One month before the lease expired, Lin Nan took pictures of the lease contract signed by Xu Nu and 4 other tenants with his mobile phone. , Reported tax evasion to the IRS. During the investigation by the IRS, Xu found out that she had been secretly photographed. She was so angry that she went to the police station and charged the crime of obstructing secrecy.
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During the Kaohsiung District Court trial, Lin Nan admitted to taking photos to make a report, but argued that Xu Nv placed the lease contract in the drawer of the kitchen on the second floor. The kitchen on the second floor is a public space that tenants on the first to fifth floors can use. , Cleaning gloves, light bulbs, spare parts and other items are placed in the kitchen drawer, which is a total of 2 large and 3 small cabinets under the countertop, and none of them are locked. They are not private and secret drawers.
The judge summoned the tenant of the same building to appear in court. The tenant pointed out that when she opened the drawer to get the spare key, she saw the lease contract, and every tenant could directly see other people's contracts; However, as a landlord, since he chose to place his belongings in a public area that all tenants can use, he did not take advantage of the environment or take appropriate measures (such as locking drawers or sealing private privacy items) Secret storage) to ensure the confidentiality of the items in the open drawer, which does not meet the "non-disclosure" requirements of the criminal law, and it is difficult to apply the crime of obstructing secrets. Therefore, Lin Nan was acquitted and can appeal.