1. What are the constituent elements of the crime of credit card fraud?

(1) Object Requirements The object violated by this crime is a complex object. It infringes the country's credit card management system, and at the same time causes damage to the public and private property ownership of banks and credit card related persons.

(2) Objective elements: This crime objectively manifests itself in the use of counterfeit or altered credit cards, or the fraudulent use of other people’s credit cards, or the use of credit cards to maliciously overdraft, defrauding public and private property, and committing large amounts of money. The specific behaviors are as follows:

1. Using forged credit cards to commit fraud;

2. Using invalid credit cards to commit fraud;

3. Pretending to use others Use credit cards to commit fraud;

4. Use credit cards to make malicious overdrafts.

This crime must be a large amount of credit card fraud. A relatively large amount is the main limit for the crime of credit card fraud. For credit card fraud that does not involve a large amount, administrative liability and civil liability can be pursued.

(3) Subject Requirements The subject of this crime is a general subject. The unit can also become the subject of this crime.

(4) Subjective elements: This crime can only be subjectively constituted intentionally, and it must have the purpose of illegally possessing public and private property.

2. How to distinguish "good faith overdraft" and "malicious overdraft" in the crime of credit card fraud?

The essential difference between good faith overdraft and malicious overdraft lies in the different subjective intentions of the perpetrators. . Although both of them caused overdrafts in terms of objective performance, the perpetrator of the former was to use it first and repay later, and the overdraft and interest would be repaid at that time; while the latter was to take the overdraft as his own and did not want to repay it at all or did not have it. The person cannot repay the debt, so his behavior must show that he is doing everything possible to evade reminders from relevant departments, and even absconds to avoid debts.

In real life, overdrafts using credit cards often occur, but whether the perpetrator is well-intentioned or malicious requires a comprehensive analysis of his behavior to make a correct judgment. Based on the above situation, if you use the deceptive method of providing false certificates and ID cards to apply for a credit card, and then make a large overdraft, the behavior itself is enough to prove that you have made a malicious overdraft; if you apply for a credit card legally and use your own credit card If a large amount of overdraft is made, the specific performance before and after the overdraft will be analyzed, such as absconding after the overdraft, or refusing to repay despite repeated reminders from the bank, or overdrafting that greatly exceeds one's actual payment ability, which is actually not possible. If it is possible to repay, it can be considered a malicious overdraft.