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九十年代以来,随着电子科技的发展,网络诈骗在国内已成为常态化的犯罪。特别是近几年,发案数量和危害甚至逐步超越传统刑事犯罪,严重危害人民群众财产安全,成为社会公害。与传统犯罪相比,网络新型犯罪具有非接触、非现场、跨区域、高智能等特点,为增加欺骗性,犯罪分子针对不同群体量体裁衣、步步设套。主要诈骗手法包括冒充公检法、“猜猜我是谁”、冒充黑社会、机票改签、重金求子、网络购物等近50种,本案是一起盗窃手机后,登录机主的微信,冒充机主骗取微信好友钱财的犯罪,在司法实践中,对本案如何定性产生了分歧,最终法院以盗窃罪判决生效。
Since the nineties, with the development of electronic technology, online fraud has become a normalized crime in China. Especially in recent years, the number and harm of the crimes even gradually surpass the traditional criminal offenses, seriously jeopardizing the property safety of the people and becoming public nuisance. Compared with the traditional crime, the new type of crime in the network is non-contact, off-site, cross-regional and intelligent. In order to increase deceptiveness, criminals are tailored to different groups and are now in step with each other. The main methods of fraud include posing as the public security law, “guess who I am ”, pretending to be triad, ticket 改签, heavy gold prayers, online shopping and other nearly 50 species, the case is a theft phone, log in the main WeChat, In the practice of judicature, the Lord disagreed on how the case was determined. The court eventually took the crime of theft as effective.