Legal analysis: 1. The object of this crime is the credit card management system and the ownership of public and private property. 2. The objective aspect of this crime is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth. Behavior 3. The subject of this crime is a general subject, and a natural person can become the criminal subject of this crime. 4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property.

Legal basis: "The People's Republic of China and the Civil Code"

Article 148: One party uses fraudulent means to cause the other party to act against its true intention For civil legal acts, the party who was defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 149: If a third party commits a fraudulent act, causing one party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people's court or arbitration institution to revoke it.

Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. .

"Criminal Law of the People's Republic of China"

Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be punished with three If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Article 266: Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated. If this law provides otherwise, the provisions shall prevail.