偷换移动支付二维码侵犯财产行为研究
发布时间：2018-07-29 05:43
【摘要】：移动支付是付款人通过手机扫描收款二维码进行商品交易的简便、快捷的新方式,是科技创新提高人民生活水平的表现,对促进消费型社会成长具有重要意义,同时也面临侵财犯罪的刑事风险。在商品交易移动支付中,个人对其移动支付账户余额具有刑法意义上的占有,商家基于商品交易关系有对顾客可即刻实现财物现实价值性的即时债权。行为人以非法占有为目的,通过偷换商家收款二维码侵占商家即时债权获得转账资金,被害人并未处分财物,属于采用秘密窃取手段、违背被害人意志的行为,构成盗窃既遂,不构成诈骗。
[Abstract]:Mobile payment is a simple and fast new way for the payer to trade goods by scanning the QR code of payment by mobile phone. It is the expression of scientific and technological innovation to improve the people's living standard, and it is of great significance to promote the growth of the consumptive society. At the same time, it also faces the criminal risk of the crime of invading money. In the mobile payment of commodity transaction, the individual possesses the balance of the mobile payment account in the sense of criminal law, and the merchant has the immediate creditor's right to realize the real value of the property on the basis of the commodity transaction relationship. For the purpose of illegal possession, the perpetrator obtains the transfer fund by stealing the merchant's money by stealing the business's QR code, and the victim does not dispose of his property, which belongs to the act of secret theft, against the will of the victim, and constitutes the accomplished theft. Does not constitute fraud.
【作者单位】： 西南大学;
【分类号】：D914
，
本文编号：2151707
[Abstract]:Mobile payment is a simple and fast new way for the payer to trade goods by scanning the QR code of payment by mobile phone. It is the expression of scientific and technological innovation to improve the people's living standard, and it is of great significance to promote the growth of the consumptive society. At the same time, it also faces the criminal risk of the crime of invading money. In the mobile payment of commodity transaction, the individual possesses the balance of the mobile payment account in the sense of criminal law, and the merchant has the immediate creditor's right to realize the real value of the property on the basis of the commodity transaction relationship. For the purpose of illegal possession, the perpetrator obtains the transfer fund by stealing the merchant's money by stealing the business's QR code, and the victim does not dispose of his property, which belongs to the act of secret theft, against the will of the victim, and constitutes the accomplished theft. Does not constitute fraud.
【作者单位】： 西南大学;
【分类号】：D914
，
本文编号：2151707
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