A Qualitative Study On The Behavior Of Stealing QR Codes For Merchants To Get Money

As the most popular payment method at the moment,QR code payment brings unlimited convenience to people's lives.At the same time,it also provides many chances for the criminal.Among them,the act of changing the QR code of the businessman to obtain the property illegally is a classic crime,and it is produced by many new payment methods.This crime is different from the traditional property crime.In the case of QR code,the criminal illegally transferred the creditor's rights enjoyed by others to his personal account by secretly changing the QR code of the businessman.The behavior of the criminal not only has a deceptive nature,but also has a larcenous nature.People have many different opinions to the behavior's nature of the criminal.At present,the criminal gets a lot of money by changing the QR code of the businessman,there is a controversy between the two camps of theft theory and the fraud theory.Within the theory of theft,there are ordinary theft and the indirect crime of larceny.In the theory of fraud,there are many different views,such as two-way fraud,and triangle fraud between two person.The criminal obtains the property by changing the QR code of the businessman,this behavior meets the requirements of the crime of fraud,and this article also advocates that its behavior is triangular fraud,it also means that the behavior of the criminal changing the QR code makes the customer fall into a misunderstanding and sanctions.In the end,the businessman suffered a loss.Before the customer scans the QR code to pay and after the behavior,the businessman never obtained possession of the property,so we can say that the criminal does not constitute a crime of theft.The criminal get a lot of property by doing illegality,and the behavior does not constitute the crime of encroachment.In addition,we should focus on the following points when we judge the criminal's behavior:Firstly,the property interest is obtained by the law of our country;secondly,the businessman is the victim in the QR code case,so that the legal benefits of the infringement can be comprehensively and objectively evaluated;thirdly,in the QR code case,there is no coincidence between the theft theory and the fraud theory;fourthly,the customer's behavior of scanning the QR code to pay the price is falling into recognition The sanctions made after mistakes have sanction awareness;fifthly,the criminal's behavior should be judged as a new type of triangular fraud.