As soon as I got to work early in the morning, a colleague came to my office and said that he had read a ** I posted a few days ago, talking about the case of sending "phishing"** to trick the victim into clicking and thus stealing money, and asked why the crime of theft was finally convicted, not the crime of fraudBecause he happens to have a similar case in his hand now, my ** is very referential.
In fact, the distinction between the crime of fraud and the crime of theft is understood and learned, but it is often a headache to learn and discard as soon as it is used.
Taking this case as an example, the defendant attracted buyers to place orders by listing goods at low prices on the Xianyu platform, and used technological means to form a "fishing" ** according to the Alipay transaction number** and then found an excuse to let the victim scan the code to pay the money on the grounds of paying a small amount of freight and insurance fees.
Is there a deception?Of course. Is it a crime of fraud?Not. The key to the defendant's obtaining payment is not fraud, but secret theft, and tricking the victim into clicking on "fishing"** is only an auxiliary means to commit theft, because the payment at this time is temporarily managed by the Xianyu platform, because clicking causes the goods to automatically confirm the receipt, and the money is paid, and the victim does not "voluntarily" deliver the property, and what really causes the victim's property loss is stolen through a computer program hidden in the "fishing"** in advance, so it fully meets the elements of the crime of theft, and should be characterized as the crime of theft.
To sum up, where the perpetrator uses information networks to trick others into clicking on false links and actually steals property through pre-implanted computer programs, it is to be convicted and punished as the crime of theft;Where fabricating goods or services that can be traded, and deceiving others into clicking on payment links to fraudulently obtain property constitutes a crime, it is to be convicted and punished as the crime of fraud.
Pay attention to Chen Lu and learn Xi criminal law knowledge.