Criminal Evaluation Of Illegal Of Other Third Party Payment Accounts

In recent years,various online entity business e-commerce,the third-party payment become an important mode of payment, the third party payment platform plays an incomparable role. Encountered in the practice of the offender the illegal use of others behavior, third-party payment accounts for this behavior around the court in dealing with the qualitative results on different, have decided that theft, also have cognizance of the crime of fraud.The illegal use of others actually contain the third-party payment account before and after the two behaviors, namely through various means to obtain others’ before the behavior of third-party payment account and password and without account all allows the use of funds for network shopping or transfer after the behavior. The two behavior first behavior can be either legal or it can be illegal, but the behavior must be illegal. If the former behavior is behavior person through robbery, theft, fraud and other means to get to the victim of the intelligent mobile terminal facilities so as to obtain the victim of third-party payment account information, when the former behavior conform to the provisions of the criminal law crime through the traditional theory of crime constitution can be directly conviction, the core is the use of behavior shall be deemed to be theft or fraud. In this paper, focusing on the analysis of behavior that the illegal use of behavior after qualitative. This article obtains from the specific case, from the case found problems in the processing of different opinions, and then from the criminal law theory analysis in the judicial practice that the logical path of theft or fraud and discuss two kinds of different processing opinion is reasonable, the final draw their own conclusions:behavior person the illegal use of the funds of the illegal use of third-party payment account by others should be considered rather than fraud, theft, if before the act itself constitute criminal law outside of theft crime against theft combined punishment for several crimes; If before the behavior itself constitute a crime of theft will eventually need to theft, the amount will be accumulated. If before the behavior is not illegal, no late use behavior of single before it cannot discuss crime, so late use illegal behavior is the core, with theft evaluation can be a sin.