On The Determination Of Criminal Nature Of Getting Tencent-Coins By Using Virtual Telephone Numbers

If an ordinary criminal act involves a breach of computer information systems crimes, theft and fraud, it is not difficult to distinguish it both from the existing theory of criminal law or the relevant laws and regulations. However, when cases of criminal acts committed in complex structure, and the characterization of the process involved in a number of theoretical issues, fierce controversy of criminal nature and felony or misdemeanor. In this paper, it is the first case that offender have been sentenced for theft in cases of violations of the virtual property in Lishui City Zhejiang Province in 2006. Relying on the full-case analysis and qualitative process, the information on existing criminal law theory in a series of controversial problem, combined with the case analysis process caused by reflection and inspiration, will be discuss.This paper is divided into three parts:The first part of this article mainly for the cases to be analyzed by a simple introduction, and the focus of the case generated controversy to summarize. With regard to the case of qualitative differences are mainly concentrated in the following three areas:crime constitutes a breach of computer information systems; or theft; or fraud. Meanwhile, the crime object is also found there are three perspectives:first, telecommunications charges, the second is the telecommunications company's services, third is Tencent coins.In the second part, from Article 265 of the Penal Code, author will analyze whether the property interests is included in the Penal Code of the protection; Secondly, author will analyze whether the virtual property is included in the Penal Code of the protection; Finally, the case involves the telecommunications system, the nature of the "electronic agent" concept. Then author will analyze whether machinery could be deceive in fraud cases. The same time, a brief analysis of the property involved in the case of interest, the virtual property, and fraud against the electronic agent system will be analyzed.In the third part of paper, according to the present case, the structure of criminal acts, and based on the foregoing analysis, that the case should be scheduled to defraud. Finally, author cites a number of cases involving violations of the virtual property for a critical analysis of court decisions in this case.