What is the crime of using other people’s identity information to apply for a credit card?
It is a crime to obstruct credit card management by using other people’s identity information to apply for a credit card.
According to the "Criminal Law of the People's Republic of China":
Article 177: Crime of Obstructing Credit Card Management:
The following are Under one of the circumstances, whoever obstructs the management of credit cards shall be sentenced to not more than three years or criminal detention, and may 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 not less than three years but not more than 10 years, and also to a fine of not less than 10,000 yuan but not more than 100,000 yuan. Fines of not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in larger quantities ;
(2) Illegally holding other people’s credit cards in large quantities;
(3) Using false identity certificates to fraudulently obtain credit cards;
( 4) Selling, buying, or providing others with forged credit cards or credit cards fraudulently obtained with false identity certificates. Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph. Any staff member of a bank or other financial institution who takes advantage of his position to commit the crime in Paragraph 2 shall be severely punished.
Extended information:
According to the "Criminal Law of the People's Republic of China":
Article 175: Obtained by deception Any loan, bill acceptance, letter of credit, letter of guarantee, etc. from a bank or other financial institution that causes heavy losses to the bank or other financial institution or is subject to other serious circumstances shall be punished with a sentence of not more than three years or criminal detention, and in addition or solely a fine; If a financial institution causes particularly heavy losses or has other particularly serious circumstances, it shall be punished with a sentence of not less than three years but not more than seven years, and a fine.
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 195: Letter of Credit Crime
Whoever engages in letter of credit activities under any of the following circumstances shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan A fine of not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than five years but not more than ten years; years or more, or shall be subject to a fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation:
(1) Using a forged or altered letter of credit or accompanying documents or documents;
(2) Using a voided letter of credit;
(3) Fraudulently obtaining a letter of credit;
(4) Using other methods to conduct letter of credit activities.
What should you do if your ID card is applied for by someone else for a credit card?
If your ID card is lost and someone else applies for a credit card, the first thing you need to do is call the police, and the second thing is to negotiate with the bank that handles the credit card.
If you find suspicious information on your personal credit record, you can go to the relevant bank to confirm it first. If you find that the personal bad credit record is caused by bank errors, the relevant bank can report it to the People's Bank of China for elimination.
If someone takes our ID card to the bank counter to apply for a credit card, the staff will check whether the ID card information matches the applicant's, and they will also need to sign for confirmation, take a photo for confirmation, etc. So even if someone picks up our ID card, they can't apply for a credit card at the bank counter. If the bank fails to fulfill its review obligations, the bank shall be primarily responsible for the resulting consequences. The bank will be responsible for overdrafts or even credit stains caused by credit cards used under false identities. There is no need for customers to repay, and the bank is also obliged to cancel the bad credit record.
If the ID card is lost and used by others, the impersonator and relevant departments should bear corresponding legal responsibilities. The person who lost the ID does not need to bear responsibility for actions that he did not commit.
: An ID card is a document used to prove the identity of the holder. It is mostly issued to citizens by governments of various countries or regions. It will serve as a certification tool for each person’s unique citizenship.
The emergence of a large number of new technologies allows ID cards to contain biometric information, such as photos, facial features, palm features, iris scan recognition or fingerprint recognition. Other information that usually appears on ID cards (or in databases) includes: full name , parents’ names, address, occupation, ethnicity (in multi-ethnic countries), blood type and coagulation factors. Citizens under 16 years old who voluntarily apply for an ID card will have an ID card valid for 5 years; citizens aged 16 to 25 years old will have an ID card valid for 10 years; citizens aged 26 to 45 years old will have an ID card valid for 20 years; those over 46 years old For citizens, the ID card is valid for a long time.
After the ID card is lost:
1. Report the loss. The purpose of reporting the loss is to prevent the ID card from being used fraudulently for communications, banking and other services, or being maliciously owed money and causing trouble to the person concerned. To cause unnecessary trouble.
2. Prepare your household registration book as soon as possible and go to the police station to apply for a replacement. You can also bring a copy of your ID card for application;
3. In order to prevent criminals from using your ID card to commit illegal acts, it is best to It is best to apply for a loss statement;
4. If you don’t want your life to be affected, you can also apply for a temporary ID card when you apply for a replacement. The temporary ID card can be obtained on the same day.
What should I do if my ID card is used for a credit card by someone else without my knowledge?
If my ID card is used for a credit card by someone else, you can contact the bank to apply for information confirmation. The bank needs to take responsibility and Solve problems.
If a credit card is faked, the applicant has not submitted an application for a credit card to the bank, nor has he signed a credit card business contract with the bank, so there is no loan contract between the applicant and the bank.
If the identity card is stolen by others and a credit card is successfully applied for at a bank, and the bank fails to fulfill its inspection obligations, the bank shall be primarily responsible for the consequences. The bank will be responsible for overdrafts or even credit stains caused by credit cards used under false identities. There is no need for customers to repay, and the bank is also obliged to cancel the bad credit record.
Extended information
A credit card is a card with the name of the issuing bank, validity period, number, cardholder name, etc. printed on the front. Consumers who hold credit cards can go to When you shop or consume at a specially appointed commercial service department, the bank will settle the account with the merchant and cardholder. Cardholders can overdraft within the prescribed limit.
Credit card, also known as credit card, is a non-cash payment method and is a simple credit service. Credit cards are generally plastic cards with a length of 85.60 mm, a width of 53.98 mm, and a thickness of 1 mm. They are issued to cardholders by banks or credit card companies based on the user's creditworthiness and financial resources. The cardholder does not need to pay cash when using the credit card to make purchases. Make further repayments. Except for some credit cards combined with debit cards, general credit cards are different from debit cards and ATM cards in that credit cards will not directly deduct funds from the user's account.
In February 2012, the bank confirmed that credit cards without passwords are more secure, and they will share the responsibility if the credit card is stolen. Enjoy an interest-free period of 25-56 days (or 20-50 days). Card consumption enjoys an interest-free period, and there will be no fees if you pay off the bill before the due date. There is no interest-free repayment period for cash withdrawals. A daily interest rate of 0.05% will be charged from the day of withdrawal, and the bank will also charge a certain percentage of cash withdrawal fees.
What should I do if someone else has stolen my ID card information to apply for a credit card? (Help) Urgent!!
Using someone else’s ID card to apply for a credit card requires corresponding legal responsibilities. Article 196 of the Criminal Law applies. relevant provisions of the article. Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities in any of the following circumstances and the amount is large shall be sentenced to 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, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than five years but not more than ten years. years or above, or shall be fined not less than RMB 50,000 but not more than RMB 500,000 or property confiscated:
(1) Using a counterfeit credit card;
(2) Using an invalid credit card
(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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.
Crime 264
Whoever commits public or private property in a relatively large amount, or who breaks into a house multiple times, carries a weapon, or pickpockets shall be sentenced to not more than three years, criminal detention, or control, and shall be concurrently or solely fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to 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, he shall be fined not less than ten years or concurrently or confiscation of property.
Extended information
Criminal subject
The criminal subject of the crime of infringing on citizens’ personal information is a special subject, which refers to state agencies or finance, telecommunications, transportation, education, and medical care. etc. The unit itself and its staff (natural persons).
State agencies or financial, telecommunications, transportation, education, medical and other units themselves:
A. State agencies refer to state power agencies, administrative agencies, judicial agencies, military agencies and other agencies in accordance with the law. Enterprises and institutions authorized by law;
B. Financial units refer to institutions and financial departments engaged in financial activities (commercial banks, policy banks, securities companies, property companies, insurance companies, trust investment companies, rural Credit unions and other financial institutions);
C. Telecommunications units refer to telecommunications departments and their business agencies (China Mobile, China Unicom, China Telecom, China Satcom and their business agencies);
D. Transportation units refer to departments and units engaged in passenger and cargo transportation (railway bureaus, stations, companies at all levels, road transport companies, water transport companies, maritime transport companies, air transport companies and their business agencies at all levels) ;
E. Educational units refer to various types of schools or training institutions at all levels (private and public educational institutions; youth activity centers, reading rooms, libraries and other educational institutions that undertake educational functions);
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F. Medical units refer to unit organizations that have obtained the "Medical Institution Practice License" through legal registration in accordance with the "Regulations on the Administration of Medical Institutions" and the "Implementing Rules of the Regulations on the Administration of Medical Institutions".
Baidu Encyclopedia - Crime of illegally obtaining citizens’ personal information
What should I do if someone impersonates me to use my ID card to apply for a credit card
Once the party discovers that his or her identity information has been used by others After applying for a card fraudulently, you should contact the bank as soon as possible to explain the situation and verify the relevant application form information, then choose to call the police and use legal weapons to protect your own interests.
You can also go to the credit reporting center to check your credit record. If there is a bad credit record, it is recommended to report the case to the public security agency, explain the situation to the relevant bank of the credit card, cancel the corresponding counterfeit credit card, and restore it. Good credit!
It is illegal to apply for a credit card using someone else's identity. It is designed to hinder credit card management. If you overdraft and fail to repay a large amount, you will be subject to criminal liability.
Credit cards have an overdraft consumption function. Whether or not repayments are made on time is directly related to the cardholder’s personal credit and vital interests. If your ID card is used fraudulently by someone else, and the other party fails to repay the loan after overdrafting, the bank will put the account on your head. Not only will you have to bear overdue interest, but your personal credit record will also be stained.
According to (Amendment 9 of the Criminal Law), an article is added after Article 280 of the Criminal Law as Article 280-1: “In activities where identity certificates are required to be provided in accordance with national regulations, the use of forged , alter or steal other people's resident ID cards, passports, social security cards, driver's licenses and other documents that can be used to prove identity according to law. If the circumstances are serious, they will be sentenced to criminal detention or surveillance, and if found, they will be fined. If a credit card is applied for under a false identity, the bank will be responsible for any overdraft or even credit stains caused by the credit card. The bank will not require the customer to repay, and will assist in canceling the bad credit record according to the procedures prescribed by the People's Bank of China.
No matter it is. For any purpose, it is important to protect your personal identity information, including a copy of your ID card. It is necessary to indicate on it: for (purpose) use only, and invalid for other purposes; in addition, you can occasionally check your own credit report below, see above Do you have any card information that you don’t know about, but you can’t check it frequently?
What should I do if my ID card is stolen and the credit card is overdue?
What should I do if my ID card is stolen? I don’t have to bear the consequences if I pay the ID card.
As a credit card holder, if you are unable to repay the loan on time due to unemployment, illness or other accidents, the cardholder will have to pay the last payment before the final repayment period. It is best to take the initiative to call the bank's credit card center, state your financial situation, state that you do not owe money maliciously, and apply for delayed repayment and interest discounts.
Legal basis: "The People's Republic of China and the People's Republic of China" Article 17 of the Resident Identity Card Law. Anyone who commits any of the following acts shall be fined not less than RMB 200 but not more than RMB 1,000 by the public security organs, or detained for not more than ten days. If there are any illegal gains, the illegal gains shall be confiscated: Pretending to use another person’s resident ID card If you buy, sell or use a forged or altered resident identity card, the forged or altered resident identity card and the fraudulently obtained resident identity card will be confiscated by the public security organs. /p>
If cardholders find that their ID cards have been used for loans, they must report to the police as soon as possible. If there is an overdue situation, they can ask the bank to issue relevant instructions to avoid future loans and card applications. Affected.
This is the introduction to credit card application.