| Theft and fraud as the violation of property crime in the judicial practice often hairstyle crime,for the distinction between there are many difficult.Especially with the development of information network,evolving in the form of crime,which makes the means of theft,fraud means the criminal case is more complicated,for qualitative many differences exist in such cases,often appear "different sentence" connection with the results."Using qr code illegally obtaining property" case is produced in such a background,in this case the offender by terseness than qr code means possession of the property of the victim,but covertly exchange means of qr code belongs to secret filch conceal the truth or fiction facts,there are different views,so the actor constitute theft or fraud in doubt.This article main research contents:1.using qr code illegally obtaining property case of the basic facts,opinions,and court decisions disputes,so as to draw out of this article lies in a person's behavior constitute theft or fraud;The key to settling the case around the controversy is who the victim was in the case.And acknowledge the case of the victim,be about to solve the essence of the qr code to pay at the time of possession,behavior person obtain property problems as well as the "property" whether We Chat account belonging to the scope of criminal law in the property.2.The connection and difference between the crime of larceny and the crime of fraud,and the theory of "traditional four elements" in the criminal law is mainly used in the analysis of the constitutive elements.In addition,from the crime of fraud must have the punishment behavior and the punishment consciousness to the related theory to discuss.Solved the case of qualitative,namely from the theft of the subject,object,subjective aspect and objective aspect,the author analyzes the reasons of the offender constitute theft,and criminal suspects in the case does not constitute a crime,the reasons why other and reason. |
PDF Full Text Request