食宿先行诡计逃走行为是无钱食宿中一种比较复杂的行为类型,对其定性理论上存在很多争议。本文认为这种行为应当构成诈骗罪,并从其主客观方面的构成要件该当性、与侵占罪的界限和既遂标准进行论证,比较深入地探讨了诈骗罪客观方面中的处分行为的认定问题。 Bed and breakfast to escape the behavior of tricks is a kind of complicated accommodation in the absence of money and accommodation, its qualitative theory there are many controversies. This article argues that this kind of behavior should constitute a crime of fraud, and from the subjective and objective aspects of its constituent elements, the boundaries of the crime of appropriation of embezzlement and the established standards, and more deeply discussed the identification of the act of punishment in objective aspects of fraud.