1, for picking up other people's credit cards;
2. Deceive others' credit cards and use them;
3. Steal, buy, cheat or obtain other people's credit card information by other illegal means, and use it through the Internet, communication terminals, etc. ;
4. Other circumstances of fraudulent use of other people's credit cards.
(two) fraudulent use of other people's credit cards, the actor must have the purpose of illegal possession, which will be different from fraudulent use of relatives and friends' credit cards.
(3) Fraudulent use of other people's credit cards only refers to fraudulent use of other people's legal credit cards, excluding forged and invalid credit cards. If the perpetrator knowingly uses a forged or invalid credit card, it should belong to the act of using a forged or invalid credit card.
(4) Fraudulent use of credit cards is not limited to fraudulent use with cards, but can also be used without cards. If some financial institutions set up credit card online accounts on the Internet, credit card users can conduct e-commerce and online payment. In order to protect the security of users' credit card information, the online financial settlement system sets a special password for each user's credit card to prevent the credit card information from being maliciously stolen and used by others. Although this measure enhances the confidentiality of users' credit card information, the password itself may also be fraudulently used or cracked. The actor obtains other people's credit card information through the cracked password, and then occupies other people's property, which is essentially a fraud act of impersonating others. Therefore, using the user's password to make online credit card payment and illegally occupying other people's property should also be recognized as credit card fraud.
Second, how to punish fraudulent use of other people's credit cards? Fraudulent use of other people's credit cards constitutes credit card fraud. According to Article 196 of the Criminal Law, anyone who commits the crime of credit card fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 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 and fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.
Three. Criteria for filing fraudulent credit cards: using forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards or fraudulently using other people's credit cards for credit card fraud activities, with a relatively large amount.
Article 264 of the Criminal Law: Whoever steals public or private property in a large amount or for many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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 10 years or life imprisonment, and shall also be fined or confiscated.