This is a classic "ends justify the means" ethical dilemma, and from a legal standpoint, the answer is overwhelmingly clear: yes, scamming a scammer is still fraud.

It is not considered justice by the legal system.

Here's why:

Legally: It's Still Fraud-

1. Intent to Defraud: The core element of fraud is the intent to deceive another person to obtain something of value (money, property, information) through misrepresentation. When you "scam a scammer," you are intentionally deceiving them with the goal of taking their illicit gains or wasting their time/resources. The fact that the "victim" is also a criminal does not negate your intent to defraud.

2. No Legal Justification for Vigilantism: In any society governed by the rule of law (including Taiwan), individuals are not permitted to take the law into their own hands. If a crime has been committed, it should be reported to the appropriate legal authorities (like the police or the 165 Anti-Fraud Hotline in Taiwan). Engaging in self-justice, even against a known criminal, undermines the legal system.

3. Potential for Unforeseen Harm:

   • Mistaken Identity: You might target an innocent party who you mistakenly believe is a scammer.

   • Escalation of Violence: Scammers are often part of organized crime rings, and engaging with them, even virtually, can expose you to real-world threats or retaliation.

   • Interference with Investigations: Your actions could inadvertently tip off or interfere with an ongoing law enforcement investigation, making it harder to catch the real perpetrators.

4. No "Victimless Crime" Argument: While the scammer may have obtained their funds illegally, that doesn't make those funds fair game for anyone else to take through illicit means. The original fraud may still be under investigation, and your actions could complicate the recovery of funds for their victims.

Ethically: It's Complicated, but Generally Not Recommended-

While legally it's cut and dry, the ethical implications are more nuanced and often debated.

• The Appeal of "Justice": There's a strong emotional appeal to the idea of "scam baiting" or "taking back" from those who prey on others. It feels like a form of poetic justice, especially when law enforcement struggles to apprehend international fraudsters.

• Wasting Scammers' Time and Resources: Some argue that by engaging scammers and wasting their time, you are preventing them from targeting other, more vulnerable victims. This is the primary justification for "scambaiting" communities.

• Gathering Intelligence: Some scambaiters try to gather intelligence on scammers' operations, which they may then pass on to law enforcement.

• The Slippery Slope: However, even with good intentions, engaging in deceptive practices can lead down a slippery slope. It normalizes illicit behavior, potentially blurring the lines for the individual between ethical and unethical actions.

• "Fighting Fire with Fire": While satisfying, this approach rarely extinguishes the fire and can sometimes just spread it.

The "Scambaiting" Phenomenon:

The act of "scamming a scammer" is often referred to as scambaiting. Many scambaiters document their interactions, sometimes for entertainment (e.g., YouTube channels), and sometimes with the stated goal of frustrating scammers and collecting intelligence.

Legal Risks of Scambaiting:

Even if your intention is "justice," scambaiting can expose you to significant legal risks, including:

• Fraud Charges: As discussed, you are committing fraud.

• Computer Misuse Charges: If you engage in any unauthorized access to their systems, even if they are scam systems.

• Extortion: If you demand money or other consideration from them.

• Harassment: If your actions cross a line into persistent harassment.

• International Jurisdiction: You could face legal action in the scammer's jurisdiction, however unlikely actual prosecution might be.

Conclusion:

While the desire to see cyber fraudsters punished is strong and understandable, scamming a scammer is legally considered fraud. The proper channels for addressing cyber fraud are through official law enforcement and anti-fraud agencies. While scambaiting can sometimes yield intelligence or waste scammers' time, the legal and ethical risks for the individual undertaking such actions are substantial. It's better to empower the authorities to bring justice through legal means.