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What are the conditions for bank card theft and credit card fraud cases committed by persons other than bank employees to be considered as professional cases?

It is a crime of fraud. Credit card theft is a crime of "credit card fraud". The relevant laws are as follows:

1. According to Article 196 of the Criminal Law:

Credit card fraud Crime refers to the act of violating credit card management regulations, using credit cards to conduct fraudulent activities for the purpose of illegal possession, and defrauding a large amount of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities.

The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is the relationship between special law and general law. In this crime, credit card is a criminal tool, not a criminal object. If a perpetrator uses credit cards as a criminal tool to carry out fraudulent activities, he will be convicted and punished for this crime in accordance with the principle that special laws are superior to general laws.

2. Sentencing:

Article 196 of the "Criminal Law": Whoever commits credit card fraud activities in one of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or Criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten 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 counterfeit credit card, or Using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

Increase prevention awareness. The risks of credit cards are as follows:

1. Risks from cardholders: First, the cardholder maliciously overdrafts. The second is that the cardholder falsely claimed that he had not received the goods. The third is to report the loss first, and then use the loss report card extensively in a very short period of time. The fourth is to use the credit card overdraft amount to issue high-interest loans.

2. Risks from merchants: First, fraud by unscrupulous employees. In reality, employees have access to a customer's card information and may even hold the card out of the customer's sight. Unscrupulous employees will use customers' credit cards to make purchases and withhold invoices arising from illegal use, causing customers to suffer losses.

3. Unscrupulous merchants guide consumers to log in to their own websites through domain names or emails similar to well-known stores. It is difficult for consumers to identify the authenticity of Internet merchants, and it is easy for consumers to easily submit payment information. The owner of the special store forged the customer's purchase invoice, and then used the fake invoice to request payment from the bank.

34. Risks from third parties: First, theft. Thieves will make large and rapid transactions until the legitimate cardholder reports the loss and the card is frozen by the bank. The second is copying. In places such as hotels and restaurants, the authorization link is usually out of sight of the cardholder, which gives unscrupulous staff the opportunity to use small card reading devices to obtain magnetic stripe information. The third is ATM fraud.