1. Subjectively, the actor knows that he holds someone else's credit card, and objectively, he obtains the credit card through illegal means such as fraud, theft, robbery and robbery;
2. Whether there are legal holding procedures;
3. Whether the cardholder complies with the credit card management regulations with his own consent;
4. Whether there are legal procedures for legal acquisition in civil law, credit cards may be accidentally lost and found by others, or even commit crimes, which constitutes a crime of obstructing credit card management.
What are the constitutive elements of the crime of obstructing credit card management?
1. The subject of the crime is the general subject. The company cannot be the entity;
2. Subjectively, it is intentional and generally has the purpose of seeking illegal benefits;
3. The object of infringement is the national credit card management system;
4. Objectively speaking, it is an act that hinders credit card management.
Legal basis: Article 177-1 of the Criminal Law of the People's Republic of China
The crime of obstructing credit card management is under any of the following circumstances. If it obstructs credit card management, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 1, yuan but not more than 1, yuan; 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 1 years, and shall also be fined not less than 2, yuan but not more than 2, yuan:
(1) Holding and transporting a large number of counterfeit credit cards knowingly, or holding and transporting a blank credit card knowingly;
(2) illegally holding other people's credit cards in a large number;
(3) fraudulently obtaining a credit card by using false identification;
(4) selling, buying or providing others with forged credit cards or obtaining credit cards by fraudulent identification.
crime of stealing, buying or illegally providing credit card information. Whoever steals, buys or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment.