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随着银行大量发行信用卡,利用银行系统漏洞,通过无卡存款后办理冲正业务骗取银行存款的案件在全国各地大量发生。对于此类案件的定性存在很大的分歧。本文运用刑事推定的方法,从推定被告人具有非法占有目的的客观行为要素出发,分析判断了被告人具有非法占有目的的主观心理状态;同时从被告人获取钱款的环节、被害人的处分行为与被告人获取银行存款的因果关系出发,阐述了本案构成诈骗罪的理由。
With the massive issuance of credit cards by banks and the use of loopholes in the banking system, cases of bank deposits being defrauded by banks for non-card deposits occurred in large numbers across the country. There is a great deal of disagreement about the characterization of such cases. This article uses the method of criminal presumption, from the objective act of presuming that the defendant has the purpose of illegally possessing, analyzes and judges the subjective state of mind that the defendant has the purpose of illegally possessing. At the same time, the procedure of obtaining the money from the defendant, Defendant for the causal relationship between access to bank deposits, set forth the reasons for the case constituted fraud.