Legal analysis: In order to punish criminal activities that hinder credit card management according to law, and safeguard the order of credit card management and the legitimate rights and interests of cardholders, according to the provisions of the Criminal Law of the People's Republic of China, some issues concerning the specific application of law in handling such criminal cases are explained as follows:
Article 1 Anyone who copies another person's credit card, writes the information of another person's credit card into magnetic stripe media, chips or forges more than one credit card by other means shall be deemed as Article 1 of the Criminal Law.
whoever forges more than 1 blank credit cards shall be deemed as "forging credit cards" as stipulated in Item (4) of Paragraph 1 of Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets.
Forging credit cards in any of the following circumstances shall be deemed as "serious" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 5 credit cards but less than 25;
(2) Forged credit card balance and overdraft limit, individually or in total, are more than 2, yuan but less than 1 million yuan;
(3) forging more than 5 blank credit cards but less than 25;
(4) Other serious circumstances.
Forging credit cards under any of the following circumstances shall be deemed as "especially serious" as stipulated in Article 177 of the Criminal Law:
(1) Forging more than 25 credit cards;
(2) The forged credit card balance and overdraft limit are individually or collectively more than 1 million yuan;
(3) forging more than 25 blank credit cards;
(4) Other particularly serious circumstances.
the term "credit card balance and overdraft limit" as mentioned in this article is calculated by the highest deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged.
Article 2 Whoever knowingly holds or transports more than 1 but less than 1 blank credit cards shall be deemed as "a large quantity" as stipulated in Item (1) of Paragraph 1 of Article 177-1 of the Criminal Law; Illegal possession of more than 5 credit cards and less than 5 credit cards of others shall be deemed as "a large number" as stipulated in Item (2) of the first paragraph of Article 177-1 of the Criminal Law.
In any of the following circumstances, it shall be deemed as "a huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law:
(1) Holding and transporting more than 1 credit cards while knowing that they are forged;
(2) knowingly holding or transporting more than 1 blank credit cards;
(3) illegally holding more than 5 credit cards of others;
(4) using false identification to defraud more than 1 credit cards;
(5) selling, buying or providing others with forged credit cards or obtaining more than 1 credit cards by false identification.
anyone who, against others' wishes, applies for a credit card by using his identity card, military officer's card, soldier's card, Hong Kong and Macao residents' travel permit to and from the Mainland, mainland travel permit for taiwan residents, passport, etc., or uses forged or altered identity certificates to apply for a credit card shall be deemed as "fraudulently obtaining a credit card by using false identity certificates" as stipulated in Item (3) of Paragraph 1 of Article 177-1 of the Criminal Law.
Legal basis: Article 177 of the Criminal Law of the People's Republic of China, which hinders the management of credit cards under any of the following circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined not less than 1, yuan but not more than 1, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years, and shall also be fined not less than 2, yuan but not more than 2, yuan: (1) Holding and transporting a large number of counterfeit credit cards knowingly, or holding and transporting a blank credit card knowingly; (2) Illegally holding other people's credit cards, with a relatively large number; (3) fraudulently obtaining a credit card by using a false identity certificate; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent identification. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment.