直接性要件在转移占有型财产罪的构成要件中的地位,易被实务界忽略,由此导致有争议的判决频频出现。例一,被告人钱某在某证券公司营业部交易大厅,通过偷窥和推测的方法获得在该营业部开户的殷某、蒋某、叶某等16人的股票账户账号及交易密码后,利用电话或电脑操作等委托方式,在这16人的股票账户上高买低卖某一股票,同时在自己的股票账户上低买高卖同一股票,共给被害人造成37.1 The status of direct sexual elements in the constituent elements of the crime of transferring possession property is easily overlooked by the practitioners, resulting in the frequent appearance of controversial judgments. Example 1: Defendant Qianmou obtained the stock account account number and trading password of 16 people, such as Yin, Jiangmou and Yemim, who opened accounts in the sales department through peeping and speculating methods after using the trading hall of the sales department of a securities company. Telephone or computer operation entrusted with the way, in the 16 stock account to buy a high buy low sell a stock, at the same time in their own stock account to buy low and sell the same stock, a total of 37.1 for the victims caused