A person who damages the credit of credit departments or the Agricultural Bank of Taiwan by spreading rumors or by fraud shall be punished by imprisonment for less than 5 years and a fine of less than NT$10million.

The person-in-charge or staff of credit departments or the Agricultural Bank of Taiwan who violates his/her duties with the intent of gaining illegal benefits for himself/herself or other third parties, or damages the assets and other interests of credit departments and the Agricultural Bank of Taiwan shall be punished by imprisonment for not less than 3 years and not more than 10 years and a fine of not less than NT$10 million and not more than NT$200 million. For a person who obtains property or property interests worth NT$100 million or more from the commission of the crime shall be punished by imprisonment for more than 7 years and a fine of more than NT$25 million and less than NT$500 million.
If 2 or more person(s)-in-charge or staff jointly commit the acts described in the previous paragraph, the punishment may be increased by up to one-half of the specified punishment.
Attempts to commit the acts described in the previous paragraph shall be punishable.

A person with the intent of gaining illegal benefits for himself/herself or other third parties by fraud and caused the credit department, Agricultural Bank of Taiwan or other third party’s assets to be distributed, or by inputting false information or illegal commands in the computer systems or other facilities owned by credit departments/Agricultural Bank of Taiwan that resulted in intellectual property losses and attainment of assets of others by altering records shall be punished. For a person who obtains property or property interests worth NT$100 million or more from the commission of the crime shall be punished by imprisonment for more than 3 years and less than 10 years and a fine of more than NT$10 million and less than NT$200 million.
Same regulations would apply to those who obtained interest or obtained interest for other third parties by the methods mentioned in the previous paragraph.
Attempts to commit the acts described in the previous 2 paragraphs shall be punishable.

The punishment of those who commit the offenses described in Articles 39, or 40 but voluntarily surrender after the crime, and at free will turn over all income or assets obtained as a result of the crime, shall be mitigated or waived; the punishment of those persons whose voluntary surrender results in the capture of other principal offenders or joint offenders shall be waived.
The punishment of those who commit the offenses described in Articles 39, or 40 but confess during investigation, and at free will turn over all income or assets obtained as a result of the crime, shall be mitigated; the punishment of those persons whose confession results in the capture of other principal offenders or joint offenders shall be mitigated by up to one-half of the prescribed terms.

In the event that a corporation violates its commitment made pursuant to Article 26 of this Act and Article 30 of Banking Law, its directors and those who participated in the decision that led to the violation of the said commitment shall be punished by imprisonment for not more than 3 years, detention, and/or a fine of not more than NT$1.8million.

In the event of a violation of Article 26 or Article 35 of Banking Law that is applied from Article 33 in the same law, punishment by imprisonment for not more than 3 years, detention, and/or a fine of not more than NT$5million shall be imposed. However, if other laws stipulate a more severe punishment, such punishment shall be imposed.

In the event of a violation of Article 26 of this Act or Article 33 that can be applied to Article 32, Article 33, or Article 33-2 of Banking Law by the credit department or Agricultural Bank of Taiwan, the responsible person shall be punished by imprisonment for not more than 3 years, detention, and/or a fine of not less than NT$5million and not more than NT$25million.
In the event that the amount of a loan extended by the credit department or the Agricultural Bank of Taiwan exceeds the amount prescribed by the competent authority under Article 26 or Article 33 that can be applied to Paragraph 1, Article 33 of Banking Law without obtaining approval from not less than three quarters of the directors present in the board meeting at which not less than two-thirds directors are present, or violation of the credit limit or total balance of loans extended prescribed by the competent authority under Article 26 or Article 33 that can be applied to Paragraph 2, Article 33 of Banking Law, the responsible person shall be punished by a fine of not less than NT$2million and not more than NT$10million and the previous paragraph shall not apply.
The act is also applicable if a responsible person who violates the regulations mentioned in the 2 previous paragraphs outside of Taiwan.

In the event of a violation of resolution measures ordered by the competent authority pursuant to Article 26 or Article 33 that can be applied to Paragraph 1, Article 62 of Banking Law, if the said violation is sufficient to cause damage to others or the public, the person(s) responsible for the violation shall be punished by imprisonment for not less than 1 year and not more than 7 years, and a fine of not more than NT$20million.
Commission of any of the following acts by the credit department or Agricultural Bank of Taiwan’s responsible person or staff members in connection with the competent authority sending officials to supervise or take over the business operations or order of suspension of the business and resolution measures shall be punished by imprisonment for not less than 1 year and not more than 7 years and a fine of not more than NT$20million:
1. Refusing to deliver the books, documents, stamps and assets related to the banking business or finance to the supervisors, receivers or resolution manager designated by the competent authority, refusing to provide information as to the necessary matters in connection with assets and liabilities of the bank to such persons, or refusing such persons’ requests to carry out necessary acts for supervising or taking over.
2. Concealing or damaging the books or other documents regarding the credit department or Agricultural Bank of Taiwan’s business or financial condition
3. Concealing or destroying credit department or Agricultural Bank of Taiwan’s properties, or making other decisions to the detriment of creditors
4. Failing to reply, without justification, to inquiries from the officials sent by the competent authority to supervise or take over or take resolution measures for business operations
5. Fabricating claims or accepting false claims

If the responsible person(s) or any of the employees of the Agricultural Bank of Taiwan violates Article 35-1 of the Banking Act, holding positions in other banks, such persons shall be fined no less than two million (2,000,000) and no more than ten million (10,000,000) New Taiwan Dollars. In case that the part-time job is assumed by the person appointed by the Agricultural Bank of Taiwan, the Bank shall therefore be fined accordingly.
If the Agricultural Bank of Taiwan violates Paragraph 1 of Article 44-2 according to Article 26 herein, and the Bank fails to propose or fulfill a capital reconstruction plan or other financial improvement plans, the Bank shall be fined no less than two million (2,000,000) and no more than ten million (10,000,000) New Taiwan Dollars.
If the Directors or Supervisors of the Agricultural Bank of Taiwan violate Paragraph 1 of Article 64 referred in Article 26 hereunder and therefore fail to declare, such Director or Supervisor shall be fined no less than two million (2,000,000) and no more than ten million (10,000,000) New Taiwan Dollars.
If the responsible person(s) or any of the employees of the Credit Department Violates Article 35-1 of the Banking Act, holding positions in other banks, such persons shall be fined no less than one hundred fifty thousand (150,000) and no more than one million eight hundred thousand (1,800,000) New Taiwan Dollars. If the positions held in other banks are appointed by the Farmers’ and Fishermen’s Association, such Association shall be fined accordingly.

In any of the following cases, the Agricultural Bank of Taiwan shall be fined no less than two million (2,000,000) and no more than ten million (10,000,000) New Taiwan Dollars:
1. Violation of Article 22 or Article 57 of the Banking Act applied in Article 26 hereof;
2. Issuing stocks against Paragraph 1 of Article 25 of the Banking Act applied in Article 26 hereof;
3. Violation of Paragraph 1 to Paragraph 3 of Article 28 of the Banking Act applied in Article 26 hereof;
4. Violation of any restrictions imposed by the Central Authorities in accordance with Article 33-3 or Article 36 of the Banking Act applied in Article 26 hereof;
5. Violation of the notification stipulated by the Central Authorities in accordance with Article 43 of the Banking Act applied in Article 26 hereof, and fails to correct such behavior within a specified period of time.
6. Violation of Article 44-1 of the Banking Act applied in Article 26 hereof, or measures taken by the Central Authorities according to paragraph 1 of Article 44-2 of the Banking Act applied in Article 26 hereof;
7. Failure to set up an internal control or audit mechanism according to Article 45-1 of the Banking Act applied in Article 26 hereof, or fails to put such control or mechanism into practice.
In any of the following situations, the Credit Department shall be fined no less than one hundred and fifty thousand (150,000) and no more than one million eight hundred thousand (1,800,000) New Taiwan Dollars:
1. Violation of Article 22 or Article 57 of the Banking Act applied in Article 33 hereof;
2. Violation of any restrictions imposed by the Central Authorities in accordance with Article 33-3 or Article 36 of the Banking Act applied in Article 33 hereof;
3. Violation of the notification stipulated by the Central Authorities in accordance with Article 43 of the Banking Act, and fails to correct such behavior within specified period of time.
4. If the ratio of the net value over the risky assets after an annual settlement is lower than the minimum set forth in Article 34, fails to allocate all business surplus to the business reserve for the Credit Department according to Article 35 hereunder.

If the Central Authorities, according to Article 7 hereof, dispatch a representative or entrust an expert and technician staff to examine the business, finance or any other aspect of the Agricultural Bank of Taiwan, or require that other related parties of the Bank submit real financial reports, property lists or other documents and reports, the Agricultural Bank of Taiwan, the responsible person of the related parties ,or the employees of the Agricultural Bank of Taiwan shall be fined no less than two million (2,000,000) and no more than ten million (10,000,000) New Taiwan Dollars in any of the following situations:
1. Refuse to be inspected or reject to open up the treasury or others.
2. Conceal or destroy accounting books involving business or financial conditions.
3. Reject to answer the inquiry from the inspectors without any appropriate cause or provide false answers.
4. Delay to submit financial reports, property list or any other related data and report, submit false or incomplete documents or fail to pay fees for examinations and audits within specified period of time.
If the Credit Department, the responsible person of other related parties, or the employees of the Credit Department violates any subparagraph of the preceding paragraph, such Credit Department or persons shall be fined no less than one hundred fifty thousand (150,000) and no more than one million eight hundred thousand (1,800,000) New Taiwan Dollars.

In any of the following cases, the Agricultural Bank of Taiwan shall be fined no less than one million (1,000,000) and no more than five million (5,000,000) New Taiwan Dollars:
1. Violation of Article 40 of the Banking Act applied in Article 26 hereof with respect to loans stipulated by the Central Bank of the Republic of China;
2. Violation of Article 74 of the Banking Act applied in Article 26 hereof with respect to investment;
3. Violation of Article 74-1, Article 75 of the Banking Act applied in Article 26 hereof with respect to investment;
4. Violation of Article 76 of the Banking Act applied in Article 26 hereof.
If Credit Department violates Article 40 of the Banking Act applied in Article 26 hereof with respect to loans stipulated by the Central Bank of the Republic of China, such Credit Department shall be fined no less than ninety thousand (90,000) and no more than one million two hundred thousand (1,200,000) New Taiwan Dollars.

In any of the following situations, the Agricultural Bank of Taiwan shall be fined no less than five hundred thousand (500,000) and no more than two million five hundred thousand (2,500,000) New Taiwan Dollars:
1. Violation of regulations stipulated in Paragraph 1 of Article 6 regarding qualification, maturity, or interest rate.
2. Absorbing savings in violation of Article 34 of the Banking Act applied in Article 26 hereof.
3. Violation of Article 49 of Banking Law referred in Article 26 hereof.
4. Violation of regulations stipulated by the Central Authorities in accordance with Article 51 of the Banking Act referred in Article 26 hereof.
In any of the following situations, the Credit Department shall be fined no less than thirty thousand (30,000) and no more than six hundred thousand (600,000) New Taiwan Dollars.
1. Violation of regulations stipulated in Paragraph 1 of Article 6 regarding qualification, maturity, or interest rate.
2. Failure to set up mechanisms for internal control or audit mechanism, or failure to put such control or audit into practice in accordance with Paragraph 2 of Article 28 hereof.
3. Absorbing savings in violation of Article 34 of the Banking Act applied in Article 33 hereof.
4. Violation of Article 49 of Banking Law referred in Article 33 hereof.
5. Violation of regulations stipulated by the Central Authorities in accordance with Article 51 of the Banking Act referred in Article 33 hereof.
6. Violation of Article 76 of the Banking Act applied in Article 33 hereof.
7. Violation of the measures stipulated by the Central Authorities in accordance with Article 34, or in violation of Article 35, failure to allocate or allocate inadequately, when the ratio of the net value over the risky assets after an annual settlement is not lower than the minimum set forth in Article 34.

Unless otherwise prescribed by this Act with respect to punishment, violation of this Act or the related mandatory or prohibiting regulations authorized by this Act or failure to perform obligations to be performed shall be punished by a fine of not less than NT$500,000 and not more than NT$2.5million.

The party punishable under the previous 5 articles shall be the agriculture and fishery associations governing the credit departments or the Agricultural Bank of Taiwan.
After having been punished pursuant to the previous paragraph, the agriculture and fishery associations or the Agricultural Bank of Taiwan shall claim compensation from the responsible person(s).

The amount of the fines prescribed by this Act shall be determined and punished by the competent authority.
With respect to fines prescribed by Article 26 or Article 33 that can be applied to Article 40 of Banking Law, and the fines prescribed by Article 26 or Article 33 that can be applied to Paragraph 2, Article 37 of Banking Law and Article 42 of Banking Law which authorize the Central Bank of China to prescribe mandatory or prohibiting regulations shall be punished by the Central Bank of China with notice to the competent authority.
In the event that the penalized party designated in the previous 2 paragraphs disagrees with the decision, such party may appeal such decision in accordance with the procedures for administrative appeals and administrative proceedings. During the period of administrative appeal and administrative proceedings, the execution of the penalty may be suspended by the provision of guarantees in the appropriate amounts.

Any of the following cases shall be fined no less than thirty thousand (30,000) and no more than six hundred thousand (600,000) New Taiwan Dollars:
1. Farmer’s and Fishermen’s Association that comprises the Credit Department violates Paragraph 1 of Article 13, failing to fund the Agricultural Bank of Taiwan
2. The Credit Department fails to re-deposit surplus cash to the Agricultural Bank of Taiwan according to Paragraph 4 of Article 31; or fails to apply to the Agricultural Bank of Taiwan for its financing according to Paragraph 5 of Article 31.

In the event of failure to pay a fine within the prescribed period of time, a surcharge for late payment shall be levied, and calculated at the rate of one percent (1%) of the amount of the fine in arrears for each day of delay, starting from the day following the expiry of the prescribed period of time. If the payment of the fine is still not made within 30 days after expiry of the prescribed period of time, the case shall be referred to the court for compulsory execution and the central competent authority may, in addition, suspend the business of the bank.

The credit department or the Agricultural Bank of Taiwan that has been penalized in accordance with this Act and which fails to take corrective measures within the specified period of time may be punished by consecutive penalties imposed daily until the corrective measures are taken. If it repeatedly violates the provisions of this Act, or where the violations are of a serious nature, it may be ordered to replace the responsible person within a specified period of time.

(Deleted)

Where a fine assessed for an offense under this Act is NT$50million or more and the offender lacks the ability to pay it in full, it shall be commuted to labor for a period of not more than two years, to be calculated by the ratio of the total amount of the fine to the number of days in two years; where the fine assessed is NT$100million or more and the offender lacks the ability to pay it in full, it shall be commuted to labor for a period of not more than three years, to be calculated by the ratio of the total amount of the fine to the number of days in three years.