Legal Subjectivity:

Is it still considered a crime of fraud to repay a credit card?

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the crime of illegal possession. , violating credit card management regulations, using credit cards to conduct fraudulent activities, and defrauding large amounts of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is special law and general law. In this crime, credit card is a criminal tool, not a crime object. If a perpetrator uses credit cards as a criminal tool to carry out fraudulent activities, he will be convicted and punished for this crime in accordance with the principle that special laws are superior to general laws. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud committed by using the credit reflected in the credit card.

Criminal Law on the Crime of Credit Card Fraud

Article 196: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. and shall also 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 but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances For other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a counterfeit credit card, or using a Using false identity certificates to fraudulently obtain credit cards;

(2) Using invalid credit cards;

(3) Pretending to use other people’s credit cards;

( 4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 3 Stealing, buying, or illegally providing other people’s credit card information is enough to forge a credit card that can be used for transactions, or is enough to enable others to conduct transactions in the name of the credit card holder, involving more than 1 but less than 5 credit cards. According to the provisions of Paragraph 2 of Article 177-1 of the Criminal Law, he shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information; if more than 5 credit cards are involved, it shall be deemed as Article 177 of the Criminal Law. The “huge quantity” stipulated in the first paragraph of one.

Article 4: Produce and provide false credit certification materials such as property status, income, position, etc. for credit card applicants, involving the forgery, alteration, or sale of official documents, certificates, and seals of state agencies, or the forgery of companies, The seals of enterprises, institutions, and people's organizations that should be investigated for criminal liability shall be charged with forging, altering, and buying and selling official documents, certificates, and seals of state agencies and forging companies, enterprises, and institutions in accordance with the provisions of Article 280 of the Criminal Law. , conviction and punishment for the crime of sealing of people's organizations.

Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held accountable Those found guilty of criminal liability shall, in accordance with the provisions of Article 229 of the Criminal Law, be convicted and punished for the crime of providing false certification documents and the crime of issuing materially inaccurate certification documents. The law is objective:

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or Criminal detention and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years 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: (1) Using a forged credit card, or using a false identity certificate to defraud (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.