Telecom Fraud Case Study

With the development of mobile payment,"scanning payment" has been accepted by merchants and consumers.Meanwhile,new forms of telecom fraud have emerged.It is a new kind of criminal means to "change the qr code to obtain property".However,there is a great controversy about the crime of larceny and the crime of fraud.In "covertly exchange qr code for property cases,damage to property and the decision of the victim,relates to the disposition,mean and disposition of the presence of which is the key to distinguish between theft and fraud,it is necessary to be discussed.From the point of view of property loss,there is no basis for stolen property,as well as the behavior of the actor to obtain property by means of customer's punishment,so it does not constitute theft.But because the merchant does not have the disposition behavior,therefore also cannot handle with general fraud crime.Analysis of the case development can be found that after the behavior person tamper with the qr code,businessmen,customers are in the wrong understanding,but the property disposition is made by the customer,and customer is dispose of his property,it is different from the traditional triangle fraud,but a new type of triangular fraud.When the act after the implementation of the fraud,By cheating based on some kind of legal relationship,the punishment shall be transferred to the victim but still occupied by their wealth to the offender,By cheating without fault in civil law,the victim cannot By cheating accountability.At this time,this behavior satisfies the new triangle fraud constitution element.