Study On The Case Of Illegal Transfer Of Money In The Bank Card That Has Bound To Network Payment Platform

The behavior of illegally transferring others’ money in the bank card which has bound to payment platform refers to the behavior that the actor takes illegal means to transfer the money in the bank card which has bound to payment platform without the permission of the real obligee after acquiring the mobile communication equipment of the other person.Because the criminal law has no clear provisions on conviction and sentencing,there is a great controversy in judicial practice and criminal law theory about whether such acts should be punished by theft,credit card fraud or several crimes.From the perspective of Wu’s theft,Wei’s theft and Lu and Yu’s credit card fraud cases,there are three main disputes in such cases:whether the platform payment password belongs to credit card information? whether the transfer behavior is stealing or cheating?and whether the transfer behavior violates the financial management order.Through the analysis of different views and sample cases of these three controversial points,it can be seen that after the bank card is bound with the payment platform,through the functional value analysis,the platform payment password has belonged to the credit card information.When the perpetrator transfers money,the payment platform recognizes the password and transfers the money,and the perpetrator transfers the money based on the identity of the real obligee of the platform,which violates the trust relationship between the obligee and the payment platform and the obligee’s ownership of the part of money.At the same time,as a platform integrating deposit,loan,purchase fund and other financial services,the payment platform already has the legal status of quasi financial institutions.The perpetrator swindles the bank card money bound to the platform through the payment platform,which has violated the financial management order,which is different from the theft that only infringes the single legal interest of property ownership,so it can not be included in the theft evaluation.To sum up,this paper argue that Wu’s theft should be convicted of credit card fraud,Wei’s theft should be convicted of credit card fraud,Lu and Yu’s credit cardfraud should be concurrent penalty for credit card fraud and theft.