| As to a swindling act, if the swindled, i. e. the person who has the right to dispose the property in question, and the victims are not the same, the aet belongs to the tripartite fraud. With the essence of the crime of swindling, tripartite fraud meets also all the other constitutive requirements of the crime.
The key difference between tripartite fraud and the crime of theft lies in that, whether the swindled actually has the right to dispose the property in question or stays in a position enabled to dispose the victims'
property. Fraud by lawsuit is a kind of typical tripartite fraud, , hich should be regarded as the crime of
swindling. The act of using others’documents of obligation to acquire property illegally, however,
should be properly distinguished between the tripartite fraud and other erimes. |
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