the crime of obstructing credit card management refers to the act of violating the national credit card management laws and regulations, obstructing the national credit card management activities and disrupting the credit card management order during the issuance and use of credit cards.
constitutive elements of the crime of obstructing credit card management:
1. The object of infringement is the national credit card management system;
2. Objectively speaking, it is an act that hinders credit card management. Specifically, it includes four situations:
(1) Holding and transporting with knowledge that it is a forged credit card, or holding and transporting with knowledge that it is a forged blank credit card, with a large number;
(2) illegally holding other people's credit cards in large quantities;
(3) fraudulent use of false identification to obtain a credit card;
(4) selling, buying, providing others with forged credit cards or obtaining credit cards by false identification.
3. The subject of crime is the general subject. The unit cannot be the subject of crime;
4. Subjectively, it is intentional and generally has the purpose of seeking illegal benefits.
Identification of the crime of obstructing credit card management:
1. Note that the crime of obstructing credit card management is a selective crime, which includes the choice of obstructing behavior (possession, transportation, sale, purchase, illegal provision and fraudulent collection) and the choice of objects (forged credit cards and other people's credit cards);
2. As long as the actor commits one act and infringes on one object, it can constitute a crime. If the actor commits two or more acts and infringes on two objects, it will still be a crime, and no combined punishment will be implemented.
to sum up, those who commit the crime of obstructing the management of credit cards 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 1, yuan but not more than 1, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 1 years, and shall also be fined not less than 2, yuan but not more than 2, yuan.
Legal basis:
Article 177 of the Criminal Law of the People's Republic of China
The crime of obstructing credit card management is under any of the following circumstances, and it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 1, yuan but not more than 1, 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 1 years, and shall also be fined not less than 2, yuan but not more than 2, yuan:
(1) Holding and transporting a large number of counterfeit credit cards knowingly, or holding and transporting a blank credit card knowingly;
(2) illegally holding other people's credit cards in a large number;
(3) fraudulently obtaining a credit card by using false identification;
(4) selling, buying or providing others with forged credit cards or credit cards fraudulently obtained with false identification.
crime of stealing, buying or illegally providing credit card information. Whoever steals, buys or illegally provides other people's credit card information 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.