| With the rapid development of network technology in recent years,online payment has gradually replaced traditional cash payment.Due to the extreme convenience and concealment of QR code payment,a series of new property crimes have been derived.Since 2016,the number of criminal cases in my country based on stealing QR codes to obtain money has continued to increase.This new type of crime in the context of the complex Internet age has also increased the complexity of judicial case handling.At present,there is no unified standard for its identification in both the practical and theoretical circles,which has brought great challenges to our country.Therefore,it is necessary to uniformly characterize the behavior of stealing QR codes to obtain money.In the act of stealing the QR code to get money,the merchant and the customer form a sales contract during the transaction process.When a customer purchases a product for payment by scanning the QR code,the merchant has an account receivable claim against the customer in accordance with the law based on the sales contract.By exchanging the merchant’s QR code,the perpetrator stole the creditor’s rights of accounts receivable originally belonging to the merchant.The act of stealing the QR code by the perpetrator is not a fraudulent act in the crime of fraud.The merchant and the customer did not discover the existence of the perpetrator,and the merchant and the customer did not have any sense of punishment or punishment,and it was not a "voluntary" punishment.It does not constitute a crime of fraud because it lacks the key elements to constitute the crime of fraud.On the contrary,in such cases,the perpetrator,for the purpose of illegally occupying the creditor’s rights of the merchant,took secret means to illegally transfer and possess the creditor’s rights that originally belonged to the merchant,which meets the constitutive elements of the crime of theft.Therefore,in the act of stealing the QR code to obtain money,the perpetrator stole the creditor’s rights of the merchant,and the victim is the merchant,which should constitute the crime of theft. |
