Qualitative Analysis Of Illegally Changing QR Code To Get Money

With the rapid development of the Internet,online payment has gradually replaced traditional cash payment,alipay and We Chat,making online payment the main means of payment for citizens' daily consumption.The emergence of QR code payment method is a direct reflection of the progress of science and technology,which is rapidly popularized in the trading market with the characteristics of convenience and rapidity,resulting in the emergence of new Internet financial crimes with QR code as the medium.In 2017,the people's court of shishi city,fujian province,convicted zou xiaomin of theft for changing QR codes to obtain property.After the decision,there was a wide discussion in the academic circle,and there was a dispute between the crime of theft and the crime of fraud about the behavior of stealing the qr code to get money.The punishment consciousness and the punishment behavior are the core to distinguish the two crimes.In the case,the customer's behavior belongs to the punishment behavior and has the punishment intention when the behavior exists,so the punishment behavior should not be defined as the crime of theft.In addition,the behavior of this case conforms to all the constitutive elements of the crime of fraud,so the behavior violates the crime of fraud.Citing the two connotations of "serial fraud",this paper discusses that the behavior of this case does not agree with it,separates the situation of "two frauds" from this case,and then demonstrates the qualitative behavior in the field of "triangle" fraud.In view of the existence of three parties in the case,the property disposed of by the victim is owned by the victim rather than occupied by the victim.This key point is inconsistent with the property theory of the victim disposed of by the victim in the traditional "triangle" fraud theory,so the behavior does not belong to the traditional "triangle" fraud.Try to put forward a new "triangle" fraud theory.The difference with the traditional "triangle" theory of fraud lies in that the victim dissolves his own property based on the wrong understanding,but causes the victim to suffer property losses.The rationality and feasibility of the new "triangle" fraud theory put forward from many angles,and the case of zou illegally changing the QR code to obtain money behavioras a new "triangle" fraud.