Analysis On The Case Of Two-Dimensional Code Theft In The Exchange Of Merchants' Payment

The crime of larceny and fraud belong to the crime of infringing property,and the occurrence rate of the two kinds of crimes is relatively high in the judicial practice,but in the field of criminal law,the division between the crime of larceny and the crime of fraud has always been the difficulty of the academic circles.Because there are many similarities between the two charges,easy to be confused.But the correct division of two crimes is of great significance to guarantee the fair application of the law and conviction and sentencing.With the development of science and technology in the present era,mobile payment has become such a convenient payment method,quietly changing people's living habits,but while mobile code scanning payment brings convenience to people,it also breeds a new way of crime.For example,the perpetrator takes possession of the property by the way of changing the business to pay the QR code.How to evaluate this kind of behavior,whether in practice or in theory,has become a hot spot at present for such a new type of crime.Based on the analysis of two cases of judicial practice,this paper sorted out the focus of controversy in similar cases,combined with the theoretical basis of the distinction between theft and fraud,and clarified the accurate evaluation of criminal law in similar cases.In theory,there are theft theory,fraud theory and triangle fraud theory.From the perspective of possession and disposition,this paper concludes the focus of the dispute,and maintains the conclusion consistent with judicial practice through theoretical discussion.There is a tendency to rate such cases as theft.The article also makes a theoretical discussion on theft and fraud from the perspective of distinguishing the sense of punishment,and divides the crime of fraud and theft in terms of law and law.The introduction of this paper includes the significance of the research,the status quo of the study is practical significance;the first part mainly introduces two cases of changing the business payment QR code and court proceedings;the second part summarizes the controversial focus of similar cases."Store or customer,who is the victim","does the customer pay for the change of QR code constitutes valid payment"change QR code constitutes a crime?" The third part is to carry on the legal theory analysis to the dispute focus and to extend the theft and fraud from the law and the theory;the final conclusion is to summarize my views on the qualitative nature of the case.