Current location - Trademark Inquiry Complete Network - Overdue credit card - Is credit card cash installment a crime of fraud?
Is credit card cash installment a crime of fraud?

Credit card cash installment is not a crime of fraud. Elements of the crime of fraud: (1) Object elements The object violated by this crime is the ownership of public and private property. (2) Objective Elements This crime objectively manifests itself as using fraudulent methods to defraud a relatively large amount of public or private property. (3) Subject Requirements The subject of this crime is a general subject. Any natural person who has reached the legal age of criminal responsibility and has the capacity for criminal responsibility can commit this crime. (4) Subjective elements: The subjective aspect of this crime is direct intention and the purpose of illegally possessing public and private property.

Legal Basis

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

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be punished A fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than 10 years, and also a fine; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.