摘要： “双重诈骗”，是指行为人通过第一个行为骗取财物以后，以骗得的财物为工具，实施第二个欺骗行为。“双重诈骗”中前后两个欺骗行为均成立诈骗犯罪。以行为人欺骗他人不动产担保后骗取银行贷款的案件为例，前行为针对财产性利益进行诈骗，给担保人造成了财产损失，成立(合同)诈骗罪；后行为也属于诈骗行为并且给银行造成了贷款损失，成立贷款诈骗罪。“双重诈骗”中的前后两罪并不属于刑法理论上的想象竞合犯、连续犯，后行为更不是事后不可罚的行为；对两罪实行数罪并罚，会导致刑罚畸重，并不妥当。事实上，前后两个诈骗行为之间具有手段与目的的牵连关系，应以牵连犯论处，从一重罪处罚。

关键词: “双重诈骗”, 行为对象, 财产损失, 罪数关系

Abstract: “Double-Fraud”refers to the phenomena where the perpetrator who had defrauded property by the first act, commits the second fraud with the property defrauded previously.Both the former and latter acts in“Double-Fraud”constitute crime of fraud.For instance, when the perpetrator had firstly swindled real estate guaranty and then swindled loans from the bank, the first act constitutes the crime of(contract)fraud because it swindled the property interests and caused losses in property to the guarantor; the second act constitutes the crime of loan fraud because it also belongs to the act of fraud and caused losses in loans to the bank.It should be contended that these two offenses do not fall into the categories of imaginative concurrent offenses, successive offenses.The latter act cannot be deemed as unpunishable behavior afterwards.But if these two crimes be punished jointly, it will lead to abnormal heavy punishment, so it is inappropriate.In fact, in the case of“Double-Fraud”, the perpetrator aims to swindle loans from the bank and to swindle the real estate guaranty from the victim is just the means of the objective behavior.There is implicated relationshipbetween the means and the purpose, so the“DoubleFraud”should be punished as implicated offenses according to the felony punishment.

Key words: “Double-Fraud”, Object of Acts, Losses in Property, Account