Conditions for credit card fraud include: using a false identity or forging, altering, buying and selling credit cards, etc. to obtain other people’s credit card information and use it illegally; stealing credit cards without others’ knowledge and making illegal profits; Use deception, coercion and other means to defraud other people's credit card information and commit fraud. The conditions for the crime of credit card fraud are relatively large amount and serious circumstances.
The crime of credit card fraud refers to the act of using a false identity or forging, altering, buying and selling credit cards to obtain other people's credit card information for the purpose of illegal possession, and illegally using other people's credit cards for consumption or cash withdrawals and other activities. . This crime seriously infringes upon the property rights and personal privacy rights of others and must be punished by law. Under normal circumstances, the crime of credit card fraud requires the following conditions: first, using a false identity or forging, altering, buying and selling credit cards, etc. to obtain other people’s credit card information; second, stealing credit cards without others’ knowledge, or using deception , coercion and other means to defraud other people's credit card information and commit fraud. Finally, one of the conditions for constituting the crime of credit card fraud is that the amount is relatively large and the circumstances are serious. In judicial practice, in addition to a comprehensive assessment based on the facts and circumstances of the crime, factors such as the degree of loss of the victim, the severity of the criminal means, the subjective malignancy of the criminal and the harm to society will also be taken into consideration when convicting and sentencing the crime of credit card fraud.
If the holder steals his or her own credit card, is it considered credit card fraud? It is not a crime of credit card fraud for the holder to steal his or her own credit card, but it may be suspected of other crimes, such as intentional damage to property.
Credit card fraud is a common economic crime, and criminals must be investigated in accordance with the law. At the same time, the general public should also increase their awareness of protecting their credit card information, check their credit card bills regularly, detect and handle abnormal situations in a timely manner, and avoid becoming victims of credit card fraud.
Legal basis:
Article 221 of the "Criminal Law of the People's Republic of China" uses a false identity or forges, alters or buys and sells credit cards for illegal possession. For the purpose of using other people's credit card information to steal credit cards without others' knowledge, if the amount is large or the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or a fine; if the amount is huge or the circumstances are particularly serious, he shall be sentenced to more than three years. A prison term of not more than seven years and a fine.