Analysis On The Case Of Disguise QR Code

Should the case of disguise QR code be convict of larceny or fraud? The focuses of the dispute are concentrated on the following 3 points.First,what kind of property is infringed by the criminal? Second,did the criminal commit deception and make the business or the customer fall into a wrong understanding? Third,whether there is act of disposition? To the fist dispute,firstly,the property illegally obtained by the criminal and the property lost by the victim should be the same;Secondly,a victim must have suffered the loss;Finally,to judge whether the property lost is in the possession of the victim,fact control and general concept of society are both important.It is the payment that has been infringed by the criminal,since the property obtained by the criminal is the payment.The purpose of the customer’s payment to get commodities has been realized,it is the business who has suffered the loss.The payment paid by customers has never entered into the business’ s account,the business has never possessed the payment,either in objective fact or in the general concept of society.To the second dispute,it doesn’t require contact between the criminal and the business or customer.The actor hides the truth from the customer by exchanging the QR code of the business into his own and using the customer’s habitual knowledge to pretend to be the business.To the third dispute,because the essence of disposition is the behavior of transferring the possession of the property,as possession requires to have the intention of possession,so did the act of disposition.Which determines that the man only needs to realize the property he owns is transferred to others,and who is the receiver is not the content of the intention.The customer’s misunderstanding of the receiver does not affect the establishment of disposition.If there are both act of theft and fraud,the nature of the act depends on what is the decisive behavior that directly leads to the loss of property.The direct and decisive cause of the transfer of payment is the customer’s behavior of scanning the QR code to pay,rather than the criminal’s behavior of disguise the QR code.In conclusion,the case of disguise QR code should be convicted of fraud.