Criminal Law Cognizance Of The Case Of Stealing Merchants To Pay QR Codes

In the case of changing the QR code of the merchant,the merchant and the customer have not disposed of the property to the suspect,and they do not know the behavior of the suspect to transfer the price.According to the objective requirements of the crime of fraud: the use of deceit by the fraudster leads to the formation of the wrong understanding of the victim,the victim carries out the act of disposing of the property based on the wrong understanding,and the fraudster obtains the property or property benefit,and the amount is large.In the case of changing businesses to pay QR codes,does the suspect have fictional facts and hide the truth?Did the victim in this case have any misunderstandings? According to the facts of the case,we can see that the criminal suspect only "secretly stole" the QR code of the merchant,and did not take the means of fraud against it.Businesses and customers do not know anything about the theft of QR codes by criminal suspects,so it is impossible to produce misunderstandings,and without misunderstandings,there will be no behavior of disposing of property.Therefore,In essence,the way of stealing QR code of criminal suspect is a kind of theft,and the purpose of theft is realized by means of "stealing" QR code,which is consistent with the criminal constitution of larceny.At present,the theory of theft and fraud are controversial,and the criminal means of the two theories must be compared and analyzed to clarify the relationship between the two theories.The basic composition of the crime of fraud is that the actor makes the deceived person fall into the wrong cognition by deceptive means,and the deceived person makes the behavior of disposing of the property under the premise of the wrong cognition.In this process,the actor and the deceived person have subjective communication.The deceived person falls into the wrong cognition to dispose of the property,and the deceived person knows the fact that he should dispose of the property and transfer his possession.The main form of theft is secret theft.In this case,the deceived did not know from beginning to end,there was no consciousness of punishment and punishment,did not meet the crime of fraud,in line with the requirements of the crime of theft.However,the main dispute in this case is that some people think that the criminal means are secret theft,some people think that the criminal means are fraudulent means,so the formation of secret theft and fraud means intertwined with the situation,the view of theft or fraud is inconsistent.Starting with a typical case,this paper analyzes the core elements of larceny and fraud,and finds out the difference between the two so as to accurately characterize the criminal behavior.In the first part of this paper,based on the case of QR code,the different views of criminal law on QR code case are introduced,and the controversial focus of the case is summarized.The second part introduces the new QR code payment method and the legal relationshipbetween the parties,and analyzes the situation of stealing QR code.The third part analyzes the crime constitution of theft and fraud from the point of view of the traditional four elements,and concludes that the key to distinguish larceny from fraud is the consciousness of punishment and the behavior of punishment.The fourth part is the qualitative analysis of the case of stealing QR code,from the point of view of punishment behavior,punishment consciousness,criminal means and so on.