Judicial Determination Of The Crime Of Infringing Property Involving "Ant Huabei"

As a product launched by Alipay,Ant Credit Pay offers service relating to payment after purchase and has a wide range of users.It is similar to credit cards in function,so it has also encountered problems such as fraud of traditional credit cards.In practice,the crime involving Ant Credit Pay embezzlement cases vary in character,with the crime of theft,fraud,credit card fraud and contract swindling.Therefore,it is of great practical significance to clarify the crime involving Ant Credit Pay embezzlement cases.In order to accurately characterize the cases involving Ant Credit Pay embezzlement,it is necessary to clarify the legal attributes of the Ant Credit Pay,The issuer of Ant Credit Pay is not a Financial Institution,It is not a credit card,but a consumer credit product.Generally,there are two ways for actors to steal Ant Credit Pay:One is Alipay users have authorized the opening of Ant Credit Pay by themselves,the actors directly use Ant Credit Pay to make consumption and cash out.In this case,if the Ant Credit Pay relied on the Alipay platform and its Ant Small Loan Company behind are not cheated,it shall be recognized as larceny.The other is Alipay user has not yet opened the Ant Credit Pay,the actor signed a contract with Ant Small Loan Company in the name of the Alipay user after obtaining the Alipay user's identity information,opening the Ant Credit Pay for consumption and cashing out,which is the act of fraudulently signing a contract in the name of another person.The behavior of the actor should be considered as crime of contract swindling.