網路型詐騙罪的擬制處分行為

處分行為是詐騙罪的教義學核心，被騙人信以為真並“自願”處分財產是詐騙罪有別於盜竊罪的關鍵。隨著線上支付的發展，詐騙罪的行為構造發生變化，由此帶來詐騙罪之處分行為的教義學更新：在非金融機構網路支付的情況下，詐騙罪由傳統的二人轉模式轉向行為人、被騙人、被害人的三角詐騙模式，以財物的佔有之轉移為主軸，被騙人與被害人是分離的，協力廠商支付平臺才是關鍵性被騙人，這種轉移佔有不是佔有的弛緩，需要被騙人具有假定的處分意識。被騙人對財產的轉移佔有應當以協力廠商支付平臺的支付完成為標誌，這種支付是犯罪的實行行為。基於預設的同意之法理，被騙人必須有處分權限，這種處分權限是區分盜竊罪的間接正犯與三角詐騙的關鍵。三角詐騙其實是詐騙罪的間接正犯，並無單獨強調的必要。

The act of disposition is the core of the doctrine of fraud. The key difference of fraud from theft is that the person has to be deceived to ''voluntarily'' dispose of property. With the development of online payment, the behavior structure of fraud has changed, which leads to the revision of the doctrine of fraud. In the case of online payment in non-financial institution, fraud has changed from the traditional two-person mode to the triangular fraud mode of the actor, the deceived person and the victim, centered by the transfer of property possession. The deceived person is separated from the victim, and the third-party payment platform is the one that has been deceived. This transfer of possession is not the flaccid possession. Rather, it requires the deceived person to have a presumed awareness of the act of disposition. The transfer of possession by the deceived person shall be marked by the completion of the payment by the third-party payment platform, and such payment is the perpetrating act of the crime. Based on the doctrine of presupposed consent, the deceived person must have the authority to dispose. This kind of authority of disposition is the key to distinguish the indirect perpetrator of theft and the triangle fraud. The deceived person in the triangular fraud is actually an indirect criminal of fraud, and there is no need to emphasize it separately.