First, an overview of credit card fraud

The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession. This kind of behavior not only violates the property rights and interests of financial institutions, but also disrupts the financial order and poses a threat to social and economic security.

Second, the crime of using false identification to defraud credit cards.

In the constitution of the crime of credit card fraud, it is one of the forms to defraud credit cards by using false identity certificates. Criminal suspects cheat banks or credit card issuers by forging, altering or fraudulently using other people's identity documents, illegally obtain credit cards, and then conduct fraudulent activities such as consumption and cash withdrawal. This behavior not only violates the provisions of credit card management, but also violates the relevant provisions of the criminal law on credit card fraud.

Third, the harm and consequences of credit card fraud

Credit card fraud is extremely harmful, which not only brings economic losses to financial institutions, but also affects the healthy development of the credit card market. At the same time, this behavior also damages the legitimate rights and interests of consumers and undermines the social trust system. Therefore, this behavior must be severely punished according to law to maintain financial order and social and economic security.

Four. Preventive measures and legal responsibilities

In order to prevent credit card fraud, banks and other financial institutions should strengthen the examination and supervision of credit card applications and improve their ability to identify and prevent false identity certificates. At the same time, consumers should also be vigilant and protect their personal information and identity documents to avoid being used by criminals. For credit card fraud cases that have occurred, the criminal suspect shall be investigated for criminal responsibility according to law and ordered to compensate the relevant losses.

To sum up:

Deceiving credit cards with false identification constitutes the crime of credit card fraud, which not only violates the regulations on credit card management and the relevant provisions of the Criminal Law, but also brings serious losses and harm to financial institutions and consumers. Therefore, we should strengthen the prevention and crackdown on this kind of behavior and maintain financial order and social and economic security.

Legal basis:

Criminal law of the people's Republic of China

Article 196 stipulates:

Whoever commits credit card fraud in any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) Using a forged credit card;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

People's Republic of China (PRC) Commercial Bank Law

Article 35 provides that:

Commercial banks should follow the principles of voluntary deposit, freedom of withdrawal, interest-bearing deposit and confidentiality for depositors when handling personal savings deposit business. Commercial banks have the right to refuse any unit or individual to inquire, freeze or deduct personal savings deposits, except as otherwise provided by law.