How much will the credit card fine be?
Credit card crimes are punishable by fines. If the amount of credit card activity is relatively large, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other In particularly serious cases, a fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation may be imposed.
Legal Basis
Article 196 of the "Criminal Law"
Whoever conducts credit card activities under any of the following circumstances and the amount is relatively large shall be punished with a five-year fine 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, the sentence shall be not less than five years but not more than 10 years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; for special amounts If the amount is huge or there are other particularly serious circumstances, he or she shall be sentenced to not less than ten years or more, 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 forged credit card, or using a false credit card (2) Using an invalid credit card; (3) Pretending to use another person’s credit card;
(4) ) malicious overdraft.
How are credit card fines stipulated?
Article 196 of the "Criminal Law" falls under any of the following circumstances. Anyone who conducts credit card activities and the amount is relatively large shall be sentenced to 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, the fine shall be not less than five years but not more than 10 years, and for credit cards, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other serious circumstances, the fine shall be not less than five years but not more than 10 years. For other particularly serious circumstances, a sentence of not less than ten years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Pretending to Using someone else’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. "Interpretation of the Supreme Court on Credit Card Crimes" 2. Individuals use credit cards to maliciously overdraft for the purpose of illegal possession, or knowing that they are unable to repay, defrauding property of more than 5,000 yuan, evading investigation, or having more than three repayment reminders from the bank Those who have not returned the money for the month will be held criminally responsible. If the cardholder pays a deposit at the bank, the amount of the malicious overdraft will be calculated as the amount exceeding the deposit. 3. If the perpetrator's malicious overdraft constitutes a crime, and if he has returned all the overdraft interest before the People's Procuratorate after the incident, he may be given a lighter or reduced punishment or be exempted from criminal liability.
What are the penalties for credit card violations
Whoever engages in credit card activities and the amount is relatively large shall be sentenced to 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, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than RMB 10,000 but not more than RMB 500,000 or property confiscation may be imposed. Article 196 of the Criminal Law: Whoever commits a credit card crime or conducts credit card activities if the amount is relatively large shall be sentenced to 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, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than 10,000 yuan but not more than 500,000 yuan or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (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 uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
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Credit Card Sentencing Standards
Legal Analysis:
The sentencing standard for credit card crimes is: if the criminal uses a credit card to carry out related activities, the amount shall be less than 5,000 yuan Those above should be prosecuted. For larger amounts, they will be sentenced to less than five years. If the amount is huge, they will be sentenced to five to ten years and fined from 50,000 to 500,000. Regarding the sentencing standards for credit card crimes. The following is a detailed answer for you by the editor of the website. 1. What is the sentencing standard for credit card crimes? 1. The sentencing standard for credit card crimes is: If the criminal uses a credit card to carry out related activities, and the amount is more than 5,000 yuan, Prosecution should be carried out. If the amount is large, the person will be sentenced to less than five years. If the amount is particularly large or there are other particularly serious circumstances, the maximum penalty may be imposed, and the property may be confiscated. 2. Legal basis: Article 100 of the Criminal Law. Article 96 Credit card crimes include one of the following circumstances: if the amount is relatively large, a person who carries out credit card activities shall be sentenced to 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, A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 50 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Or confiscate property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (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 act of a cardholder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the credit card after being called by the card-issuing bank and uses it in accordance with Article 200 of this Law. Article 64 provides for conviction and punishment. 2. What is the difference between a credit card and a crime? 1. The content of the crime and the time of its occurrence are different. The crime is realized by a secret method that is not known to the owner or holder of the property. Illegal acquisition of other people's property, and criminal intent can only occur before illegally obtaining other people's property. The subjective form of credit card crime is intentional, including knowing and illegal possession of the specified limit and specified period; 2. The objective aspects of the crime are different. The criminal means can only be secret means. There are two objective aspects of malicious overdrafts in credit card crimes: one is overdrafts exceeding the prescribed limit and not being repaid after collection; the other is overdrafts that exceed the prescribed time limit and are not repaying after collection. ; 3. The objects of the crime are different. The object of the crime and the crime of credit card can only be other people’s property that the perpetrator did not possess before committing the crime. At the same time, the credit card is a criminal tool in the crime of credit card, which is unique to this crime; 4. The legal consequences of returning the property are different. Even if someone steals someone else's property and then returns it voluntarily, it constitutes a crime. The act of voluntarily returning the property can only be considered as a discretionary sentencing circumstance. 5. The main elements of the crime are different. Any person who is over the age of 16 and has full criminal responsibility shall constitute this crime; and credit card crime is limited to legal cardholders who defraud credit card holders and others who do not go through the application procedures, such as borrowing, picking up, purchasing, etc. Those who hold credit cards for acts such as robbery and robbery cannot be the subject of malicious overdrafts. I hope the content will be helpful to you. If you have other questions, you can click the button below for consultation, or go online to consult a professional lawyer.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Under any of the following circumstances, if the amount of credit card activity is relatively large, the person shall be punished. If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; If the circumstances are particularly serious or there are other particularly serious circumstances, the sentence shall be not less than ten years or more, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated: (1) Using a forged credit card, or using a false identity certificate to fraudulently obtain it; Credit card; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.
How to calculate the fine standards for credit card crimes
As for the fine standards for credit card crimes, according to the provisions of Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, the following are In one of the circumstances, whoever conducts credit card activities and the amount is relatively large shall be sentenced to 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 not less than five years but not more than 10 years. A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 10 years or more, or a fine of not less than 50,000 yuan but not more than 500,000 yuan may be imposed, or property may be confiscated: (1) Use Forging a credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Pretending to use another person's credit card; (4) Malicious overdraft. Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to 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. A fine; if the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than five years but not more than ten years, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation may be imposed: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Using it fraudulently Others’ credit cards; (4) Malicious overdrafts.
This is the end of the introduction about credit card penalties and whether credit card penalties can be applied for exemption. I wonder if you found the information you need?