1. What is the crime of swiping a credit card? Stealing a credit card constitutes theft or credit card fraud. If it is stolen and used, it is suspected of theft. If it is a forged credit card, or someone else's credit card is used fraudulently (for example, someone else's credit card is found and used), it is suspected of credit card fraud (fraudulent use of a credit card, amounting to 5, yuan, constitutes a crime).
II. How to Sentence Credit Card Theft may constitute the crime of credit card fraud or theft. Provisions on sentencing: According to Article 196 of the Criminal Law, whoever commits credit card fraud in any of the following circumstances, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. Remind that the term "malicious overdraft" mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. According to Article 264 of the Criminal Law: Whoever steals public or private property in a relatively large amount, or commits theft for many times, burglary, theft with a weapon or pickpocketing, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; 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 ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or indefinite imprisonment, and shall also be fined or confiscated.
third, what are the cases of stealing credit cards? There are mainly the following cases: 1. Stealing credit cards and their passwords directly. Criminals install a card swallowing device in ATM in advance to intercept real cards and peek at passwords; When the cardholder handles the business, he interferes with the opportunity to replace the real card. After obtaining someone else's credit card, withdraw cash at the bank counter or ATM, or swipe your card at a special merchant. 2. Stealing credit card information and passwords. Criminals obtain the cardholder's card information by installing fake keyboards, cameras and other devices on ATM machines, automatic door card readers of self-service banks or POS machines, and then clone a new card with cardholder information, and then use the cloned card to withdraw cash or swipe the card for consumption; Or take the amount of credit card information stolen by the cardholder by fraudulent means such as telephone or SMS. 3. Picking up or stealing someone else's credit card, pretending to be the cardholder, reporting the loss, canceling or changing the password, waiting for an opportunity to steal or steal the funds in the card. Judging from the three different manifestations of stolen credit cards, they are all stolen, but they are still slightly different. According to the different performances of stolen credit cards, the responsibility is different.