偷换商家收款二维码型取财之定性研究

Qualitative Research on Replacing Business QR Code and Taking Money

随着移动终端和互联网的飞速发展,扫码支付因其快捷、便利的特点为越来越多的商家所青睐,但同时也催生了新型的犯罪手段。"偷换二维码"案中,商家是被害人,对第三方支付平台的债权是犯罪对象。行为人以非法占有为目的,通过偷换商家收款二维码,截取顾客向商家支付的账款,对商家而言具有秘密性,且完全违反了商家的意志,符合盗窃罪的构成要件,不构成诈骗罪。由于账户余额具有即时债权的特点,所以当钱款进入行为人账户时,是盗窃既遂。

With the rapid development of mobile terminal and the Internet, payment by scanning QR code is favored by more and more businesses because it is fast and convenient, but it also gives birth to a new type of crimi- nal means. In cases of stealing two- dimensional code, the business is the victim and the creditor＇s rights of the third - party payment platform are the object of crime. The perpetrators who cept the customers＇ accounts to get money paid to the business by replacing are intention by illegal possession inter- QR code which is a secret to the busi- ness. The behavior completely violates the will of sellers and accords with the constitutive elements of larceny but not the constitution of crime of fraud. And with the instant claims characteristic of account balance, it is defined as the accomplishing theft crime when there is a record for the perpetrator＇ s account.