Illegal. Whether it constitutes a crime or not, we should treat it differently, that is, look at the purpose of his bank card theft and the behavior he took after handling the bank card. If the purpose of handling bank cards is to defraud public or private property and the fact of obtaining finance constitutes a financial crime, legal responsibility shall be investigated.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever engages in credit card activities under any of the following circumstances, with a relatively large amount, 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(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.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "
Is it illegal to apply for a credit card with false information?
Violation of credit card management regulations, fraudulent use of other people's identity to handle credit cards, and deception of credit card handling institutions to handle credit cards with the intention of obtaining illegal benefits constitute a credit card crime.
Credit card crime 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.
The objective aspect of credit card crime is also manifested in four situations:
(1) using forged or altered letters of credit or accompanying documents and vouchers;
(2) Using an invalid letter of credit;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Credit card crime requires the perpetrator to have the purpose of illegal possession. Subjectively, this crime can only be constituted intentionally, and it must have the purpose of illegally occupying public and private property. The subjective aspect of the crime of obstructing credit card management can have the purpose of illegal possession or other purposes. The guild will freeze your card and list you as a prohibited customer (blacklist). At the same time, it will also enforce your credit card and maliciously overdraw.
Article 196 of the Criminal Law stipulates that in any of the following circumstances, those who engage in credit card activities with a relatively large amount 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Malicious overdraft 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. Malicious overdraft is the main risk form in credit card business and belongs to a part of credit card.
Pretending to be a bank clerk and changing the credit card password.
Sentenced for impersonating a bank employee to apply for a credit card.
Fake bank staff set up stalls to attract others to apply for credit cards, pretend to be others to fill in the credit card application form, fill in the applicant's contact mobile phone number with the mobile phone number prepared in advance, and then apply for a credit card from the bank with other people's fake ID cards and work permits. Finally, the impostor was arrested by the police.
Fake bank staff set up stalls to attract others to apply for credit cards, pretend to be others to fill in the credit card application form, fill in the applicant's contact mobile phone number with the mobile phone number prepared in advance, and then apply for a credit card from the bank with other people's fake ID cards and work permits. Finally, the impostor was arrested by the police.
It is understood that after receiving the mobile phone text message that the bank successfully applied for a credit card, it took the fake ID card of the relevant personnel to the post office to impersonate the credit card. Finally, it uses the pre-filled mobile phone number to activate other people's credit cards to find the cashing company personnel (handled separately) to cash out.
In the end, the public prosecution agency was found guilty in the first instance, and three people were sentenced to fixed-term imprisonment ranging from six to three years and fined accordingly.
It is considered that his successful application for a credit card due to bank negligence cannot be a reason to reduce or exempt him from criminal responsibility.
This concludes the introduction of dealing with fake credit cards and fake credit cards. I wonder if you found the information you need from it?