Crime Of Loan Frond, Theft Or Frond?

Along with the socio-economic development, delinquency behavior using credit cardkeeps happening. Criminals’ behaviors are increasingly subtle which disrupts social orderseriously. Case study in this article is to the first vulnerability of illegal cash case using "timedifference" of bank system in China. In this case, suspects brushed away the deposited moneyafter using the POS machine accounts, and then made up reasons to turn to withdraw thedeposit accounts. The criminals use1-2minute time difference through POS credit cardtransaction information from POS machine to finish their crime. This subtle behavior involvesidentification and applied problems. However scholars’ study focused on the crimes of theftand fraud of the constitutive elements of these crimes and study on the distinction betweenloan fraud, crimes of theft and fraud. However, some of these studies are omnibus expressed,not able to guide a variety of cases in judicial practice.Therefore, the article means to solve this problem and contribute to make proposals tosimilar issues. This article is based on this case, and elaborates the disputes thereof. Besidesthis, the author analyzes the boundaries of these there crimes referred to. Finally, this papercomes to the conclusion and makes measures to prevent such issues.This article is divided into seven parts in total. Part I, Make the cause; Part II, Explaincase; Part III, Make focus of the dispute in the present case, that is, acts of crime andnon-crime in the present case, what counts; Part IV, Elaborate dispute all the focus of the caseand grounds; Part V, Analyze of constitutes of these crimes and boundaries; Part VI; Come tothe conclusion, that is, rationality of judgments and preventive measures and legislativeproposals related to similar issues.