利用新型网络支付方式“窃用”他人账户内财物行为之定性分析——以支付宝为例

Qualitative Analysis of the Acts of "Stealing" Other People's Accounts by Taking Advantage of Online Payment Methods:Taking Alipay as an Example

近年来,随着互联网时代的发展,利用新型网络支付方式"窃用"他人账户内财物的犯罪行为频发,司法实践对该类案件的定性存在较大的争议,并时常出现同案不同判的情形。以支付宝为例,通过明确支付宝不属于刑法意义上的信用卡,能够被骗并且具有财产处分的权限,司法实践中,对直接"窃用"他人支付宝账户余额的行为宜认定为诈骗罪;对"窃用"他人支付宝账户所绑定的银行卡内资金的行为宜认定为信用卡诈骗罪。

In recent years, with the development of Internet era, criminal acts which "steal" accounts of others using the new type online payment modes take place frequently. The nature of these cases has been under controversy in the judicial practice, and there have been situations where similar cases are judged differently. Taking Alipay as an example. By defining Alipay cannot be seen as a credit card in the sense of the criminal law, but the user can be cheated of the right of property disposition. In the judicial practice, the acts which "steal" Alipay account balance of others directly should be identified as crimes of swindling, while the acts which "steal" the money in bank cards that are bound to Alipay accounts of others should be identified as crimes of credit card fraud.