When we enter society and live in society, we cannot spend and obtain money without credit cards. Credit cards can be said to be the wallets or vaults we use to maintain our lives. But this may also cause some criminals to covet and commit fraud, which is a criminal act. But what are the sentencing standards for credit card fraud? 1. Determination of credit card fraud (1) The boundary between this crime and non-crimes l. The perpetrator who constitutes the crime of fraudulently using other people’s credit cards must have the subjective purpose of defrauding others of their property. This crime can only be constituted if there is subjective intention to defraud and objective behavior of fraudulently using other people's credit cards. In practice, some credit card holders lend their credit cards to others, such as relatives and friends. In terms of performance, the user is also fraudulently using other people's credit cards, but the user's behavior of fraudulently using other people's credit cards is subject to the cardholder's consent. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively intend to illegally possess the cardholder's property. Therefore, it does not have the essential characteristics of the crime of credit card fraud. In this case, it can be corrected. Or it shall be handled in accordance with relevant regulations and this article shall not apply and shall be treated as a crime. 2. Distinguish between good-faith overdrafts and malicious overdrafts, and correctly determine the crime of credit card fraud involving the use of credit cards for malicious overdrafts. The essential difference between good-faith overdraft and malicious overdraft lies in the different subjective intentions of the perpetrators. Although both of them caused overdrafts in terms of objective performance, the perpetrator of the former was to use it first and repay later, and the overdraft and interest would be repaid at that time; while the latter was to take the overdraft as his own and did not want to repay it at all or did not have it. The person cannot repay the debt, so his behavior must show that he is doing everything possible to evade reminders from relevant departments, and even absconds to avoid debts. In real life, overdrafts using credit cards often occur, but whether the perpetrator is well-intentioned or malicious requires a comprehensive analysis of his behavior to make a correct judgment. Specifically combined with the above situation, if you use the deceptive method of providing false certificates and ID cards to apply for a credit card, and then make a large overdraft, the behavior itself is enough to prove that you have made a malicious overdraft; if you apply for a credit card legally and use your own credit card If a large amount of overdraft is made, the specific performance before and after the overdraft will be analyzed, such as absconding after the overdraft, or refusing to repay despite repeated reminders from the bank, or overdrafting that greatly exceeds one's actual payment ability, which is actually not possible. If it is possible to repay, it can be considered a malicious overdraft. 3. If the following circumstances exist that can prove that the perpetrator did not intend to defraud, he shall not be punished as a crime: (1) Unknowingly using a forged or invalid credit card. Generally speaking, when using a forged or invalid credit card, it can be inferred that the perpetrator has subjective intention to defraud, because the perpetrator should know whether he or she owns the credit card. However, in practice, there may be situations where others falsely claim that the perpetrator has applied for a credit card and hand over the forged or invalidated credit card to the perpetrator to obtain property, and the perpetrator believes this to be true. Of course, in a situation like this, the perpetrator cannot be considered to have intentional fraud. (2) Misusing other people’s credit cards or using them fraudulently without the purpose of illegally possessing other people’s property. If the perpetrator owns a credit card but uses the wrong credit card of another person due to negligence or other reasons, the perpetrator does not do it intentionally and of course cannot be punished as a crime. There are also cases where the perpetrator knowingly uses another person's credit card, but the perpetrator is If the card is used for reasons such as joking or to relieve one's own urgent needs, and the cardholder immediately explains and repays it afterwards, since the perpetrator has no purpose of illegally possessing other people's property, he should not be punished as a crime. (3) Good faith overdraft. Good faith overdrafts are allowed and therefore there is no question of criminality. Regarding the issue of distinguishing whether the perpetrator's overdraft is in good faith or malicious, generally speaking, if the perpetrator continuously overdrafts and causes a huge overdraft amount, or fails to repay the overdraft amount on time and continues to overdraft beyond the limit and refuses to repay, it can be considered a malicious overdraft. ; If the actor overdrafts within the limit or overdrafts over the limit but repays it on time, it is a bona fide overdraft. (2) Anyone who steals a credit card and uses it shall be convicted of the crime of theft. Paragraph 3 of this article stipulates that "Whoever steals a credit card and uses it shall be punished in accordance with the provisions of Article 264 of this Law." This situation refers to the crime of theft by criminals who steal from others. and use the credit card to commit property fraud.

The so-called theft and use of credit cards includes criminals stealing credit cards and then using the credit cards themselves, and also includes criminals' associates or friends using the credit cards knowing that the credit cards were stolen. In the latter case, the accomplices or friends of the theft criminal may be treated as the perpetrators of the theft crime. If someone uses a credit card without knowing it is stolen, the user should not be punished as the crime of theft, but should be dealt with according to the specific circumstances and circumstances of the use and in accordance with relevant laws. For example, after a thief steals a credit card, he tells his friend that he found it and used it. In this case, the user should not be treated as the crime of theft, but should be treated as if he had used someone else's credit card. Regulations dealing with fraud. (3) Qualitative issues of forging credit cards and using forged credit card fraud How to characterize the fraud of forging credit cards and using counterfeit credit cards? Before the crime of credit card fraud was established, there were three views in the criminal law community in my country: The first view It is believed that credit cards are securities with monetary functions. Therefore, as long as the cardholder subjectively has the purpose of making profits and objectively commits forgery, he should be charged with the crime of counterfeiting securities. The second view is that forgery is a means and defrauding money is the purpose. Those involved in the crime of counterfeiting securities and fraud should be punished with a felony. The third view is that the crime of fraud should be directly convicted. Because the current securities in our country include checks, stocks, passbooks, money orders, public bonds, and treasury bills (excluding credit cards issued by foreign countries that are circulated in our country), the purpose of the perpetrator is not to make profits, but to illegally occupy public property. , In fact, the act of buying goods with a card is not of a profit-making nature. The object violated by this act is not the normal operation of the national economy, but social property relations. After the crime of credit card fraud is established, the act of forging a credit card constitutes the crime of forging or altering financial instruments in accordance with the provisions of this Law, and the act of using a forged credit card constitutes the crime of credit card fraud. There is an implicated relationship between the two, and the crime of forging and altering financial instruments shall be aggravated by the crime of a felony. punishment. Since the statutory penalties for the two crimes are the same, it is appropriate to punish the resulting behavior of the implicated offender as a crime of credit card fraud. 2. How to Sentence the Crime of Credit Card Fraud? The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. Article 196 of the Criminal Law: Whoever commits credit card fraud in any 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 shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge; Or if 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years or life imprisonment. , and be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft . The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. 3. Responsibility for stolen credit cards Under the current legal framework, if a credit card is stolen, the responsibilities of all parties are as follows: 1. The embezzler - the first liability bearer. The tort liability between the embezzler and the cardholder is If you have a relationship, you should bear the responsibility to return the property in accordance with the provisions of the "Property Law" and the "Tort Liability Law". If the amount exceeds a certain amount, you must also bear the criminal liability for "theft" in accordance with the provisions of the "Criminal Law" (Beijing's theft crime) The penalty point is 2,000 yuan). However, the detection rate of such small-amount economic crimes is low, and the embezzlers often cannot be detected and cannot bear the responsibility of returning the money. Therefore, credit card theft eventually becomes a dispute between the cardholder, the bank, and the merchant who swiped the card. Take responsibility. 2. Card issuing bank - the person responsible for failure to report the loss in time. The scope of the card issuing bank's liability shall be stipulated in the "Service Agreement" signed by both parties when applying for the card. Each bank's agreement is different. The most common point is that the bank will only be liable for failure to report the loss in time. We will be responsible for any losses caused to the cardholder, but will not be responsible for anything else.

Recently, in order to attract business, some banks have launched a lost card protection service. If the bank card is lost within 48 hours (or 24 hours), the liability is within the limit (5,000 or 10,000 yuan), and strict conditions are stipulated (such as Non-password withdrawals, immediate loss reporting). The liability borne by the card-issuing bank shall be paid by the contracted insurance company. 3. Card swiping merchants - the responsible person who fails to perform reasonable verification obligations. For credit cards that are withdrawn with passwords only, the card swiping merchants are obliged to verify the passwords; for credit cards that are withdrawn with signatures, the card swiping merchants are responsible for verifying the card user's signature and reservation. The obligation to ensure that the signatures are consistent. Merchants who use credit cards will only bear corresponding responsibilities if they fail to fulfill the above obligations. 4. Cardholder - the person responsible for failing to keep the credit card properly. According to the agreement signed between the cardholder and the bank, the cardholder shall keep the credit card properly. Once it is lost or the card information is leaked or stolen, the cardholder shall bear the responsibility for the failure to keep the credit card properly. The fault of keeping credit cards properly comes with considerable responsibility. Once a credit card is stolen, most of the responsibility may lie with the cardholder. 4. The filing standards for the crime of credit card fraud. According to relevant laws and regulations, those suspected of one of the following circumstances shall be prosecuted: 1. Using forged credit cards, fraudulently obtaining credit cards with false identity certificates, invalid credit cards, or fraudulently using other people’s credit cards; Conducting credit card fraud involving an amount of more than 5,000 yuan. The term "false use of other people's credit cards" as mentioned in Item 3 of Article 196 of the Criminal Law includes the following situations: (1) Finding other people's credit cards and using them; (2) Fraudulently obtaining other people's credit cards and using them; ( 3) Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people's credit cards. 2. Malicious overdraft of more than 10,000 yuan. If a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ". If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. The sentencing standards for credit card fraud and some related content are roughly as follows. Of course, credit card fraud will also result in different sentencing due to differences in the amounts. The greater the amount of money defrauded, the heavier the criminal punishment will be. The state will deal with fraud seriously and will protect the property rights of citizens.