The crime of credit card fraud (also known as the crime of credit card fraud) refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. Constitutive elements of the crime of credit card fraud (I) Object elements The object of this crime is a complex object, which not only infringes on the relevant national financial ticket management system, specifically the credit card management system, but also damages the public and private property ownership of banks and credit card related parties. The target of the crime is the credit card. The so-called credit card refers to the credit certificate issued by credit card companies (including various card issuers) to cardholders for purchasing goods, obtaining services or withdrawing cash on the condition of their credit. With this voucher, the cardholder can consume and receive services in designated places, such as shopping in shopping malls and shops, and enjoying services in hotels, restaurants and entertainment places without paying cash. Later, the designated consumption place of the credit card usually asked the credit card merchant to hand over the money to the issuing bank, and then the issuing bank deducted the relevant consumption expenses from the cardholder's deposit and withdrawal. At the same time, cardholders can also deposit and withdraw cash at the business outlets designated by the card issuer. Credit cards can only be used by oneself, and cannot be transferred, lent, pawned or mortgaged. (II) Objective Elements This crime is objectively manifested in the use of forged or altered credit cards, or fraudulent use of other people's credit cards, or malicious overdraft of credit cards, thus defrauding a large amount of public and private property. (III) Subject Elements The subject of this crime is a general subject, which can be composed of any natural person who has reached the age of criminal responsibility and has criminal responsibility ability. (IV) Subjective Elements Subjectively, this crime can only be constituted intentionally, and it must have the purpose of illegally possessing public or private property. If the perpetrator has no intention of fraud, even if he has obtained property in violation of the relevant regulations on credit card management, he cannot be punished as a crime. If you don't know that it is a forged or invalid credit card, you can use it, overdraw in good faith, and use someone else's credit card fraudulently. And can't be punished as a crime.
Legal objectivity:
Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.