利用ATM失靈存假幣取真幣行為的定性研究.pdf

1、 1Abstract These years, our country banking industry has been developing rapidly,meanwhile,some new bank-related crimes have also been increasing gradually, some thefts about credit cards and some thefts about ATM have b

2、een increasing year by year, these behaviors do harm to the safety of the people’s property , also destroy a normal economic and financial order. For some cases, unanimous understanding has gradually been formed in theo

3、ry and judicial practice, but depositing counterfeit money but taking real one behavior through malfunctioned ATM machine , the community of criminal law and the judicial departments still have some fierce debate on acc

4、urate charges and punishment . The current criminal law and judicial explanation about this issue are not enough clear. Based on the typical case- “ShaoMou depositing counterfeit money but taking real one through malfunc

5、tioned ATM “, and using case-analysed form, this paper explains and expounds if the behaviors constitute crimes ,what kind of crime these behaviors constitute and how we punish these behaviors using the case “ShaoMou dep

6、ositing counterfeit money but taking real one through malfunctioned ATM “. The article is divided into five parts, the first part introduces detailed process that ShaoMou deposited counterfeit money but took real one thr

7、ough malfunctioned ATM . The second part and the third part put forward the focus of the case and the disputed points, this case involves the following basic elements: if the behavior constitutes a crime depositing count

8、erfeit money but taking real one, what crime the behavior constitute, and how to sentence. The fourth part points out although the behavior of deposting counterfeit money but taking real is accord with the other criminal

9、 crime constitution one in some respects, such as the use of counterfeit currency sin, fraud, etc., but the author think the behavior of depositing a counterfeit money and taking real one is the theft of financial insti