第三方支付方式套现行为的定性问题研究

Qualitative Study of Cashing Behavior with Third Party Payment Method

第三方支付方式套现行为并非单纯的"主动获取"行为,由于第三方支付平台的介入,实则属于三角诈骗的情形,构成诈骗犯罪而非盗窃犯罪。"花呗"与"借呗"性质相同,都是信贷资金,但不属于信用卡,冒用他人第三方支付平台账户套现"花呗""借呗"等信贷资金的,成立贷款诈骗罪。利用第三方支付方式套现他人信用卡的,无论是事先已绑定的信用卡,还是利用已掌握的他人信息绑定信用卡的,都属于"冒用他人信用卡"的行为,成立信用卡诈骗罪。

The third-party payment method is not a simple "active acquisition" behavior. Because of the intervention of the third-party payment platform, it belongs to triangular fraud, which constitutes a crime of fraud rather than a crime of theft. "Ant Credit Pay" and "Ant Borrowing" are both credit funds, but they are not credit cards. The crime of loan fraud is established by using other people’s accounts in the third-party payment platform to cash credit funds such as "Ant Credit Pay" and "Ant Borrowing". The use of third-party payment to cash other people’s credit cards, whether it is the pre-bound credit cards or the use of other people’s information to bind credit cards,belongs to the act of "fraudulent use of other people’s credit cards" and constitutes the crime of credit card fraud.