Liu Moumou, a native of Xuancheng, Anhui Province, lost contact because his credit card overdraft was not paid off on time. The court sentenced him to one year and six months in prison for credit card fraud in the first instance. Liu Moumou appealed. The court of second instance recently acquitted him because the amount of his malicious overdraft did not amount to a crime.

The court of first instance found that on April 22, 2014, the defendant Liu Moumou applied for a credit card at the Guangde County branch of a bank with a credit limit of RMB 50,000. Afterwards, Liu used the card for overdraft consumption. After the last repayment on April 5, 2015, Liu did not continue to repay the loan. After Liu left Guangde County and changed his mobile phone number, he did not inform bank staff of the new contact information. More than three months after the bank came to collect the money and announced the collection, Liu still has not returned it. As of the incident, *** had overdrafted the principal amount by RMB 43,685.91.

In July 2018, Liu was arrested in Wuhan, Hubei. The court of first instance held that the defendant Liu Moumou maliciously overdrafted his credit card and engaged in credit card fraud activities with a large amount, and his behavior constituted the crime of credit card fraud. After Liu returned to the case, he was able to truthfully confess the facts of his crime. His behavior constituted a confession, and he voluntarily pleaded guilty in court, so he could be given a lighter punishment according to law. In summary, the defendant Liu Moumou committed the crime of credit card fraud and was sentenced to one year and six months in prison and fined RMB 30,000.

After the verdict of the first instance, Liu Moumou appealed, claiming that his credit card was lost in the process, and he had to repay more than 6,000 yuan in installments after replacing the card. After the repayment, the card could not be used normally; the bank failed to receive two collections; His family assets, medical insurance, etc. Nothing has changed. He wanted to pay off the principal and late fees together after his son graduated from college, and had no intention of escaping; in addition, his mobile phone unexpectedly shut down at the end of 2017.

The Xuancheng Intermediate People's Court held that the "Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretation of Several Issues Concerning the Specific Use of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" implemented in December last year stipulates that malicious overdraft 5 If the amount exceeds 10,000 yuan, it is a crime of credit card fraud. In this case, Liu maliciously overdrafted less than 50,000 yuan and should be sentenced according to the revised judicial interpretation. Therefore, Liu’s behavior does not constitute credit card fraud. All in all, he was found not guilty. According to the "Xin'an Evening News"

Lawyers said: The change in the penalty amount avoids the lag and mechanical nature of the law.

What is the crime of credit card fraud? Is there a limit on malicious overdraft? Does Xuancheng Intermediate People's Court's second-instance change of sentence mean that my country has relaxed the standards for identifying credit card fraud crimes?

Fu Jian, a lawyer at Henan Yulong Law Firm, introduced that Article 196 of the Criminal Law stipulates that the crime of credit card fraud 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.

Fu Jian said that for the amount of credit card fraud, the provisions of the Criminal Law and the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Filing and Prosecution Standards for Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 11 stipulates that if the cardholder exceeds the prescribed limit or overdrafts within the time limit for the purpose of illegal possession, and fails to return the money after two calls from the card issuer for more than three months. If the amount exceeds 10,000 yuan, a case shall be filed for prosecution. If the amount is more than 10,000 yuan but less than 100,000 yuan, and all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Lawyer Zhao Liangshan, senior partner of Shaanxi Hengda Law Firm, said that the key point of the difference between the first and second instance results of this case lies in whether the defendant Liu Moumou committed malicious credit card overdraft behavior in the sense of criminal law and the determination of malicious overdraft. standard. In the first instance trial, the amount of malicious overdraft was based on the amount of ordinary fraud, with a lower starting point; when the court heard the case in the second instance, a new judicial interpretation stipulated the amount for filing a case, and the starting point was clearly 50,000 yuan. Therefore, different criminal filing standards lead to different trial results in the first and second instance courts.

Zhao Liangshan believes that the second instance court’s change of sentence was correct because 01030

Zhao Liangshan said that the second instance’s change of sentence does not mean that the country has relaxed the standards for identifying credit card fraud crimes. The second instance is based on laws, judicial interpretations promulgated by the legislative body and the objective facts of the case. Although before the promulgation of the "Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretation of Several Issues Concerning the Specific Use of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards", many credit card overdrafts of less than 50,000 yuan were deemed to be credit card fraud, but The new judicial interpretation raises the starting point, resulting in credit card overdrafts of less than 50,000 yuan no longer criminalized.

But this is not to relax the crime, but to fully distinguish between civil lending activities and criminal credit card fraud based on the characteristics of credit cards and my country's economic and social development. After careful consideration and market positioning, new standards for credit card crimes will be set. To better define crime and non-crime in a way that is more in line with my country's current national conditions and credit card market. Law and society are inseparable. With the development of social economy, the changes in the amount of punishment in the law keep pace with the times, not to relax, but to avoid the lagging and mechanical nature of the law. Related Q&A: Related Q&A: Why are all major credit cards issued from Wuhan?

Because there are only three credit card production centers in Shanghai, Huangshi, Hubei, and Zhuhai, Guangdong.

The city where your

credit card is issued

will be randomly selected.

If your card is issued in Huangshi, it will be displayed as Wuhan when mailed. Pay attention and get free consultation!