未亲自实施盗窃行为,谎称自己为相关财物的所有人,盗卖他人财物的行为。从表面看似乎被告人没有亲自实施具体的盗窃,但被告人构成盗窃行为的间接正犯是没有问题的。区分盗窃罪和诈骗罪,应该从行为的性质、财物损失、取得财物的方式等角度予以分析。 He did not personally commit theft, lied to himself as the owner of the relevant property, and the sale of other people’s property. On the surface, it seems that the defendant did not personally implement the specific theft, but there is no problem with the defendant’s indirect offender who constituted theft. The distinction between the crime of theft and fraud should be analyzed from the perspective of the nature of the act, the loss of property and the means of obtaining the property.