Fraud is a typical self-harm crime, although the flaws in the criminal process of the free will of the victim for the disposition of property but not destroy; larceny is a typical other-harm crime, to undermine the wishes of the victim by the perpetrator and the destruction of a victim of property. However, there is a questiont for some cases three-side view of the Department of 339 of the Penal Code provisions regulate the delivery behavior of the third party may be the disposition of property and the possibility of the establishment of the Fraud, a third person may also be only the behavior people’s tools to establish larceny. How to determine the three sides of the relationship should be established to the crime of fraud or larceny is the focus of this thesis, is there a property disposition or not during the criminal crime, if there is a property disposition during the criminal crime and thus the establishment of the fraud. Conversely, if there is a disposition of property acts, you should consider whether the establishment of larceny. The doctrine of practice for many different doctrines made the disposition of property qualifications for the third how to take the judgment theory: Faktische Nähetheorie, Normative Nähetheorie/Lagertheorie, Befugnistheorie/Ermächtigungstheorie. The paper then above opening theory in the different cases, the application and review, and the last chapter, take one theory and respond to other doctrines.

資料來源:http://handle.ncl.edu.tw/11296/ndltd/86025747979070495395