诈骗罪或盗窃罪:一个新型案例的刑法解释

Crime of Fraud or Crime of Theft:the Criminal Law Interpretation of a New Case

关于偷换店家收款二维码以将钱款转移至个人账户这类行为的刑法定性,主要有普通诈骗罪、特殊(三角)诈骗罪和盗窃罪三种观点。行为人在偷换收款二维码之际已违背店主意志,待顾客扫码付款后,行为人遂非法占有了店主本应享有的债权性利益。故此类偷换店主二维码的案件,应以盗窃罪论处为宜。

To the case in which people use their quick response cord to steal money from stores, there are three views according to some scholars ： crime of fraud, a special type of fraud crime and larceny respectively. From the identification of object of property crime, analysis of factors of crime of fraud and case facts, it is concluded that the doer＇ s behavior is against the storekeeper＇ s will, the doer possesses the storekeeper＇ s creditor interests illegally when the customers pay. Thus, those cases can be accused of crime of theft.