The crime of credit card fraud specifically manifests itself in the following behaviors:

Using counterfeit credit cards. The so-called counterfeit credit cards refer to imitating the texture, pattern, section, pattern and magnetic stripe password of the credit card. Wait for the credit card to be manufactured. 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. Using an invalidated credit card An invalidated credit card refers to an expired credit card that cannot continue to be used according to laws and relevant regulations, an invalid credit card, a credit card that has been declared invalid in accordance with the law, and a credit card that the cardholder has stopped using halfway within the validity period of the credit card and handed it over. Credit cards returned to the issuing bank, as well as credit cards that have expired due to loss reporting. 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. Fraudulent use of another person's credit card refers to the act 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 finders or thieves may take advantage of the time before the cardholder notices the loss, or take advantage of the time difference in stop payment management, to impersonate the card owner's identity and imitate the card owner's signature. You can go to credit card merchants or banks to make purchases, withdraw money, or enjoy services. These are some common situations where you use other people’s credit cards to commit fraud. Malicious overdraft Overdraft refers to the behavior of a customer who has set up an account with a bank and, with the approval of the bank, allows the customer to spend money in excess of the funds on his account when the account has no funds or insufficient funds. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to the second paragraph 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. According to the provisions of the Criminal Law, in addition to committing one of the above four acts, 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.

Credit Card Theft

Whoever steals a credit card and uses it shall be punished as the crime of theft according to Article 196, paragraph 3, of this Law. The amount of theft should be determined based on the amount used by the perpetrator after stealing the credit card.

Analysis of the crime of credit card theft

What sense does "use" in "stealing a credit card and using it" refer to? There is great controversy in this theoretical circle. Some people think that here The use not only includes the actor withdrawing cash, swiping the card, and enjoying services from the stolen credit card, but also includes the behavior of stealing the credit card and then selling or transferring it to make a profit.

The author believes that it is correct to identify the act of stealing credit cards and then selling and transferring them for profit as the crime of theft, but it is wrong to include the act of selling and transferring stolen credit cards in the meaning of "use" Inappropriate.

First of all, legislators have stipulated that part of the behavior that was originally a crime of credit card fraud is a crime of theft. The act of stealing a credit card and selling or transferring the credit card is an act of selling the stolen goods after the theft, which is obviously an act of theft. If the number and quantity of credit card thefts, the amount of illegal profits and other circumstances are combined, if the statutory conditions for the crime of theft are met, the crime of theft should naturally be punished, and there is no need to make special provisions for this behavior.

Secondly, although the word "use" can be understood very broadly in daily life, including withdrawing cash, swiping cards, enjoying services, selling, transferring, and even mortgaging, counterfeiting, altering or collecting, From the perspective of purpose interpretation, in principle, only the "use" behavior that directly exerts the functions of a credit card is the "use" specified in paragraph 3 of Article 196 of the Criminal Law. According to my country's credit card regulations, credit cards have the following functions: transfer settlement, consumer credit, exchange, overdraft, savings deposits and other functions. Theft and use of credit cards can only be used in a way that realizes the functions and purposes of the credit card, that is, the credit card must be used Economic activities for delivery and settlement should not include stealing credit cards and then selling or transferring them for profit.

Finally, from the general understanding of legal terms, "use" in the broad sense includes the act of "selling", but there is a strict distinction between "use" and "sale" in the narrow sense. From the perspective of system interpretation, sales and use are two different behaviors, and there is no inclusive relationship. For example, the criminal law sets up two separate crimes for the crime of selling counterfeit currency and the crime of using counterfeit currency. If the act of "use" includes the act of "selling", there is no need to set up a separate crime for the crime of selling counterfeit currency. The act of illegally selling counterfeit currency should be classified as using counterfeit currency. Crime, this undoubtedly confuses the boundaries between this crime and that crime, and violates the requirements of the principle of legal punishment for crimes.

Relevant legal provisions on the crime of credit card theft

1. The criminal nature of stealing checks to defraud cash or purchase goods. Stealing traveler's checks purchased by others, imitating the owner's signature, and defrauding cash or purchasing goods; stealing blank checks stamped by an employer, filling in the payee unit and amount, and defrauding the purchase of goods; if the amount is relatively large, it generally constitutes the crime of theft . Although the perpetrator used deceptive means, it is decisive that he used secret theft methods to obtain the check, and cashing or shopping continued to complete the theft. In the end, the person or unit that lost the check suffered the ultimate loss. Therefore, it should still constitute the crime of theft, but not the crime of bill fraud. If a thief colludes with others to impersonate the individual or unit employee who issued the check to cash or make purchases, if the latter knows that the check is stolen, he is guilty of the crime of theft; if he does not know that the check is stolen, he is an impostor. , fabricating facts and using deceptive methods to possess property can be charged as bill fraud.

2. According to paragraph 1 of Article 210 of this Law, stealing special value-added tax invoices or other invoices that can be used to defraud export tax refunds or tax deductions. Convicted and punished in accordance with the provisions of this article.

3. According to Paragraph 2 of Article 253 of this Law, if a postal worker secretly opens or conceals or destroys mail or telegrams and steals property, he shall be convicted of this crime and severely punished in accordance with the provisions of this article.

4. With reference to the provisions of the Supreme People's Procuratorate's "Reply on Qualitative Issues in Cases of Illegal Opening of Others' Letters and Stealing Property by Non-Postal and Telecommunications Staff" issued by the Supreme People's Procuratorate on September 15, 1989, illegal opening of other people's letters by non-postal and telecommunications staff and theft of property therefrom" Anyone who writes other people's letters, infringes the right to freedom of communication in serious circumstances, and steals a small amount of property from them, or steals money orders or remittance checks to defraud a small amount of remittance, shall be severely punished in accordance with the provisions of the Criminal Law on the crime of infringing on freedom of communication. If non-postal and telecommunications staff illegally open other people's letters, infringe on citizens' rights to freedom of communication, and the circumstances are serious, and steal a small amount of property from them but a large amount, they should be severely punished in accordance with the principle of absorbing misdemeanors from felonies and in accordance with the provisions of the Criminal Law on the crime of theft.