Qualitative Analysis Of Illegal Profit-making Behaviors By Stealing The QR Code Of Merchants To Collect Payment

Among the cases of intertwining,the classification of the crime of theft and the crime of fraud is already the crux of the criminal law academia and judicial practice circles.The modern Internet technology is highly developed.Especially in the economic environment where the QR code is widely used in network settlement payment,So that the analysis of the problem,the handling has become more complicated.This article takes the vast number of criminal law scholars and judicial workers rumored to heat the "two-dimensional code case" as a breakthrough,combined with the author's own many years of procuratorial practice experience,the theft of crime and fraud classification criteria and the nature of the case to talk about their point of view And views,in order to provide some useful inspiration and help for the future study and work practice.This article is divided into four levels to discuss the case.The first level: the basic situation of the case,this article quotes the "two-dimensional code case",briefly introduced the case,and comprehensively summarized the differences of opinion and the focus of controversy.The second level: The legal analysis of the issues related to the crime of theft and fraud is carried out in three aspects: "victim identification","object identification" and "understanding of punishment consciousness".The third level: the case of analysis and demonstration,the use of the above legal analysis of the "two-dimensional code case" in-depth analysis of the author of the case should be characterized as theft of the crime point of view,and carried out a detailed demonstration.The fourth level: The research enlightenment of this case is mainly to revise the connotation of the theft crime,at the same time to provide some theory and case basis for the handling of similar cases,is conducive to the practice of the unified judgment and recognition of similar cases.