Research On The Case Of Stealing And Changing Two-dimensional Code Of Business

The case of obtaining property by changing the Qr Code of a merchant is not only secret but also deceptive,which leads to different opinions on whether the behavior should be regarded as theft or fraud.Through the analysis of 40 judgment documents,we can know that most of the judgment opinions regard the act of changing Qr code as Larceny,but they don’t give sufficient reasons in the part of reasoning.In the existing theory,"theft theory" is difficult to be established because the customer is willing to pay for the goods and the merchant has never been able to take possession of the money The concept of "mistake of fact" and "wrong cognition" in crime of fraud are mixed up by the related viewpoint of "fraud theory".Recognizing that shifting the perspective of the victim from the customer to the merchant can resolve the impasse in case determination,although the behavior of the actor changing the Qr Code does not use the direct contact to cheat the victim,it is still a kind of false fact and the deception of concealing the truth to the merchant in essence,it is because of the deceptive behavior of the actors that the merchants have a wrong understanding of the ownership relationship behind the Qr code,and on the basis of this error actively instruct or passively accept customers to trade goods by scanning the QR code,what the merchant loses is the creditor’s right which obtains the commodity money in the sale contract with the customer,what the actor obtains is the corresponding purchase money which transforms by the contract creditor’s right,finally determines that the case which steals to change the two-dimensional code class should be punished by the general fraud crime.