According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft.
The constitutive elements of the crime of credit card fraud are as follows:
1. The object of this crime is the credit card management system and the ownership of public and private property.
2. The objective aspect of this crime is the behavior of the actor using fictional facts or concealing the truth to defraud public and private property by credit card.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property.