1. What does credit card fraud include? 1. Using counterfeit credit cards. The so-called counterfeit credit card refers to a credit card that imitates the texture, pattern, section, pattern, and magnetic stripe password of a credit card. The so-called use refers to the act of using a forged credit card to defraud other people's property for the purpose of illegally possessing other people's property. This includes using counterfeit credit cards to purchase goods, withdraw cash, and use counterfeit credit cards to receive various services. 2. Use an expired credit card. Canceled credit cards refer to expired credit cards that can no longer be used according to laws and relevant regulations, invalid credit cards, credit cards that have been declared invalid according to law, and credit cards where the cardholder stops using the credit card midway during its validity period and returns it to the card-issuing bank. Credit cards, and credit cards that have been invalidated due to loss. In addition, using an expired credit card also includes using an altered card. The so-called altered cards refer to invalid credit cards whose card numbers have been altered. These credit cards themselves were put on the stop payment list due to loss or cancellation, but a certain number on the card was flattened and then a new number was added to avoid blacklist retrieval. Therefore, altered cards are also a type of counterfeit cards. 3. Use other people’s credit cards fraudulently. Fraudulent use refers to the behavior of a non-cardholder using the cardholder's credit card in the name of the cardholder to defraud property. According to my country's regulations on credit cards, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. This is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the finder or thief to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the card holder notices the loss, pretending to be the card owner's identity and imitating the card owner's signature, and go to credit card authorized merchants or merchants. Bank purchases, withdrawals, or services are some of the common situations in which people fraudulently use other people’s credit cards to commit fraud. 4. Make malicious overdrafts. Overdraft refers to a behavior in which a customer who has an account with a bank has no funds or insufficient funds in the account, and with the approval of the bank, the customer is allowed to spend money in excess of the funds on his account. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to Paragraph 2 of Article 196 of the Criminal Law, refers to the behavior of a credit card holder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the credit card after being called by the card-issuing bank. The essential difference between a bona fide overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debt. 2. How to determine the crime of credit card fraud 1. The objects of this crime are the credit card management system and the ownership of public and private property. 2. The objective aspect of this crime is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth. It should be noted that according to the provisions of the Criminal Law, in addition to committing credit card fraud, the perpetrator must also meet the requirements of a relatively large amount. If the amount is not large, even the above behavior is illegal and does not constitute a crime. As for what constitutes a “large amount”, there is currently no clear judicial interpretation. However, according to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, larger amounts of personal fraud refer to more than 5,000 yuan. The starting point for a larger amount of credit card fraud can be based on this provision and is preferably 5,000 yuan. 3. The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime. 4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. In real life, it is best to store large deposits in other ways such as passbooks. Try to replace the original magnetic stripe card with a chip card at the bank to maintain the safety of your property