职务侵占罪与诈骗罪在刑法分则的罪名设置中泾渭分明,但实践中若出现行为人混合实施利用职务便利行为与欺骗行为,而后非法侵占财产,如何认定性质或产生分歧.本文即通过具体案例予以剖析,将各类型行为分阶段梳理研判,分析该行为在犯罪中所起作用及与其他构成要件的内在关联,从而准确适用法律.

The difference between Crime of duty encroachment and Crime of fraud is obvious in the specific provisions of criminal law. But in practice if the perpetrator uses his position to facilitate the implementation of fraud behavior in a mixed way and then occupies the property illegally, it is likely to arouse the disagreement in identifying the nature. Through the analysis of specific cases, judgment on various types of behavior by stages, the authors analyze that the behavior plays the function in the crime and the inner association among other constituent elements to accurately apply the law.