Whoever buys a bank card shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. Buying and selling credit cards will constitute a crime of obstructing credit card management. According to China's laws and regulations, anyone who interferes with credit card management 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 solely be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, with a relatively large amount; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

legal ground

Article 177 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances, and shall also or solely be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;

(2) Illegally holding other people's credit cards, with a relatively large number;

(3) using false identification to defraud credit cards;

(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

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.

Is it illegal to introduce others to buy and sell credit cards?

Break the law.

Of course, it is illegal, and knowing that friends are doing illegal things, they don't discourage them, and they also introduce others to sell bank cards. At present, a major source of the continuous high incidence of telecommunications is that the management of telephone cards and bank cards is out of control. Countless tragedies are staged every year because of telecommunications, which pose a serious threat to China's social security and people's property security.

How many years does it take to buy and sell bank cards?

1. Buying and selling bank debit cards and credit cards constitutes the crime of helping information network criminal activities in Article 287 bis of the Criminal Law of People's Republic of China (PRC):

Knowing that others use the information network to commit crimes, providing technical support such as Internet access, server hosting, network storage, communication transmission, or providing assistance such as advertising promotion, payment and settlement. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined.

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

Whoever commits the acts mentioned in the preceding two paragraphs and constitutes other crimes at the same time shall be convicted and punished in accordance with the provisions of heavier punishment.

Lawyer Changsha Jinlong reminded:

There will be no pie in the sky. Don't sell, rent or lend your bank card, corporate account number, mobile phone card, Alipay, WeChat and other items or instant messaging tools to others for petty profits! Those who are used by others to engage in illegal and criminal activities such as telecommunication networks and opening online casinos may be suspected of committing crimes, helping information network criminal activities, or concealing their crimes, becoming accomplices of criminals and bearing corresponding criminal responsibilities. Once the bank card is lost, it should be reported and reissued in time to avoid giving criminals an opportunity.

2. Buying and selling bank credit cards and debit cards constitutes a credit card crime.

Credit cards in China's criminal law should include both credit cards with overdraft function in the international sense and bank debit cards without overdraft function. In other words, the scope of credit card in the sense of criminal law is different from that in the sense of relevant financial regulations. At present, the judicial practice is that both credit cards and debit cards are regarded as credit cards in credit card crimes.

Article 177-1 of the Criminal Law: Whoever obstructs 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 shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;

(2) Illegally holding other people's credit cards, with a relatively large number;

(3) using false identification to defraud credit cards;

(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

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.

Is it illegal to buy out credit cards?

Not illegal

Buying and selling credit cards does not constitute a crime, but it may involve the crime of obstructing credit card management. Forged credit cards, in any of the following circumstances, shall be deemed as "serious circumstances" as stipulated in Article 177th of the Criminal Law:

(1) Forging more than 5 credit cards but less than 25;

(2) Forged credit card balance and overdraft limit of more than 200,000 yuan but less than 6,543,800 yuan;

(3) Forging more than 50 blank credit cards and less than 250;

(4) Other serious circumstances.

What is the sentencing standard for buying and selling credit cards?

Legal analysis: extortion of public or private property must be a large amount or repeated extortion before it can constitute a crime. Extortion only constitutes a crime in the case of a large amount or repeated extortion. If the amount is huge or there are other serious circumstances, it is an aggravating circumstance of this crime. The so-called serious circumstances mainly refer to: recidivists of extortion; A recidivist of extortion; Take the opportunity to extort money without knowing the criminal facts of others.

Legal basis: Article 274 of the Criminal Law of People's Republic of China (PRC) extorts and extorts public or private property, and if the amount is relatively large or extorts and extorts repeatedly, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; 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 ten years and shall also be fined; 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 and fined.

What is the crime of selling credit cards?

Selling credit cards is suspected of "the crime of obstructing credit card management and the crime of buying and selling resident ID cards".

Legal analysis

According to the relevant laws and regulations of the state, those who engage in credit card activities in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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; Forged credit cards, in any of the following circumstances, shall be deemed as serious: (1) Forged more than 5 credit cards but less than 25; (2) Forged credit card balance and overdraft limit of more than 200,000 yuan but less than 6,543,800 yuan; (3) Forging more than 50 blank credit cards and less than 250; (4) Other serious circumstances.

legal ground

People's Republic of China (PRC) Criminal Law Amendment. One article is added after Article 177 of the Criminal Law as one of Article 177: "Whoever obstructs 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 be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: "(1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, with a relatively large amount; "(2) Illegally holding another person's credit card in a large number;" (3) using false identification to defraud credit cards; (4) Whoever sells, buys or provides forged credit cards to others or steals, buys or illegally provides credit card information of others by fraudulent means shall be punished in accordance with the provisions of the preceding paragraph. "Any staff member 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."

So much for the introduction of credit card transactions.