| Illegal access to third-party payment platform for the identification of the biggest problem is the theft of the crime and the crime of fraud,the perpetrators in the implementation of the wrongdoing process,often using the means of deceiving,which makes illegal access to third-party payment The behavior of the platform is difficult to determine;followed by the behavior of the behavior of the crime of embezzlementcontractfraud,unjust enrichment of some of the controversy;Finally,on the third party payment platform precipitation fund attribution scholars are also different.In order to facilitate understanding,the text of the case with a specific case to discuss these issues,the case,the third party payment platform precipitation fund ownership should be attributed to the seller,since the precipitation funds belong to the seller,even in accordance with the general concept of third-party payment platform precipitation Funds are also difficult to constitute a forgotten thing,there is no problem of embezzlement.For the unjustified view,the perpetrators repeatedly use the same method to steal a total of 92,999 yuan to achieve its illegal possession of the purpose of its malicious malicious social harm can be imagined,its behavior completely violated the criminal law,should not only bear Civil unjust enrichment.On the crime of theft and fraud,the key is to see the behavior of the perpetrators have not implemented the act,if the implementation of the punishment,constitute fraud,on the contrary,constitutes a crime of theft.In this case,the victim is the seller is completely unaware of the loss of funds,not to mention the exercise of the right to dispose of.The perpetrator does not constitute the crime of fraud,the crime of contract fraud and fraud is a general and special relationship,since it does not constitute a crime of fraud,but does not constitute a contract fraud.As a result,the perpetrator is liable to theft because of the large amount of theft. |
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