A Qualitative Study On The Behavior Of Stealing And Replacing Two-Dimensional Codes

With the continuous development of payment methods,there are more and more cases in which the perpetrators infringe on property interests by illegal acts.The case of obtaining money by stealing the merchant QR code is a typical case with many controversies in practice in recent years.In the qualitative nature of stealing two-dimensional code for financial cases,there are differences in the theory of theft and the crime of fraud.This paper systematically summarizes and analyzes the controversial focus of the case by comprehensively sorting out the controversial disputes of stealing two-dimensional code to obtain financial cases,and then draws reasonable conviction conclusions and conviction logic.There are three main disputes between the theoretical and practical circles on the qualitative problem of trans-coding for money,namely,the identification of the victim;the determination of the specific property loss caused by the criminal act;and the determination of the behavioral attribute of the perpetrator.In view of the first two problems,this paper believes that the victim in the case is a merchant,and the object of the perpetrator's behavior is the merchant's credit to the customer.For the third question,this paper analyzes the behavior of the behavioral person's escape and wealth-taking behavior and the customer's knowledge,negating the communication process between the actor and the clerk,and relies on the lack of the communication process to negate the escape of the actor.There is a causal relationship between the behavior of collecting money and the customer's understanding.In the end,the customer's understanding of the inconsistency with the objective reality is not the misunderstanding of the crime of fraud and the establishment of the crime of fraud.At the same time,whether the behavior of trans-coding fortune can constitute the crime of theft,this paper believes that the high degree of openness based on internal logic structure and the universality of judicial practice can regard theft as a basic crime of acquired property crime,that is,A wrongful act that causes the loss of the property of another person may be classified as a punishment for theft as long as the act does not meet the constituent elements of other special of-fences.And theft is not limited to the transfer of possession.Not only the “transfer of other people's property” behavior can cause the loss of the property of others,the “direct realization of property” behavior of non-transfer possession and the “forcing others to give up property” behavior can also make the property of others Suffer losses.Therefore,the behavior of theperpetrator to exchange for money to establish the crime of theft.Starting with the typical property crime of trans-coding for wealth,this paper puts forward several steps to identify the theft or fraud of crimes with property interests: first,judge whether the disposition has disciplinary awareness;secondly,Under the premise that the disposition person has a sense of disposition,whether there is a causal relationship between the behavior of the perpetrator and the understanding of the disposition person according to the presence or absence of the communication process,and then it is determined whether the disciplinary person's knowledge that is inconsistent with the objective reality belongs to Misunderstanding in the crime of fraud;Finally,on the premise that the act does not constitute fraud,it is judged whether the infringement of the perpetrator is in conformity with the nature of the theft.