Research On The Property Crime Of Displacing QR Code For Payment

With the popularity of smart phones,the new mobile payment method of scanning QR code is widely used because of its flexibility and convenience.While it has become a common payment method in life,it also faces the risk of property crime.For example,the cases such as “stolen money by displacing QR code for payment”have occurred in many places across the country.Someone secretly covers his QR codes on the QR codes provided by the stores for payment by the customers.Thereafter,as long as the customers scan these QR codes to pay,the money will enter the actor's account.Because of the novelty,concealment and deceptiveness of the means of committing crimes,the criminal legality of the act is controversial in the criminal law academic circles and the practical ones.It is mainly divided into two camps: theft and fraud.Some people argue that the act should be considered as embezzlement.With the rapid development of economy and technology,the way of property crime has become diversified and intelligent.The boundaries among common property crimes like theft,fraud,and embezzlement seem to become less distinct and difficult to define,which causing confusion for the qualitative nature of the act.This article is in this context,with the "stealing the payment of two-dimensional code to get money" as the research object.First of all,this paper introduces typical cases and court judgments,and sorts out the different viewpoints and reasons for the qualitative and academic reasons in this case,and finds the focus of disputes.Secondly,analyze the criminal law distinction between the crime of theft,fraud and embezzlement.Thirdly,combined with academic related theories,the focus of the decision on the legality of the behavioral punishment is analyzed one by one,including the victim,the criminal object,the possession of property,the existence of disposition of property,etc.Finally,this paper explains why the conduct does not establish the crime of embezzlement and fraud,but establish the crime of ordinary theft and draw the final conclusion.