Research On The Criminal Qualitation Of Illegal Possession Of Funds By The Third-party Payment

The third-party payment uses the network,which not only simplifies the process of payment transactions,but also hides the behaviors of financial crimes,so that different judicial judgments appeared.Its mainly opinions on theft and crime of fraud.According to the different sources of funds,there will be fraud,crime of credit card fraud,crime of loan fraud.Starting from a number of typical cases,based on the source of funds,the author types the behaviors of different funds,using the behavior method as the key.The perpetrator has carried out deception of the third-party payment identification verification program.Using the identification loophole of the verification program,a deception instruction that meets the formal identification conditions but does not meet the substantial identification conditions is issued to the third-party payment.After this,the third-party payment completes the corresponding property disposition based on the user’s previous authorization,so the illegal possession funds by third-party payment should be a crime of fraud.What’s more,different sources of funds will bring difference to the financial infringement and the legal interests of the infringement.Therefore,the author analyzes the possession and attribution of funds and combines the relevant service agreements to make the criminal legality: firstly,the balance funds are managed by the third party payment,and the ownership belongs to the user’s.The illegal possession of the third party payment balance funds is a crime of triangle fraud;secondly,when the third party payment account is related to the credit card,the third-party payment account information can be used to control the funds in the credit card.Therefore,the third-party payment account information can be regarded as credit card information.The illegal possession of third-party payment related credit card funds should be determined that constitutes a situation of impersonating other credit card;thirdly,the key to the determination of the illegal possession of third-party payment of small loan funds is whether the actor has committed to sign a service agreement,which should be deemed to crime of loan fraud,or a triangle fraud of fraud.