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What is the crime of selling other people’s bank cards?

1. What is the crime of selling other people’s bank cards?

1. Selling other people’s bank cards is a crime of obstructing credit card management. The sentencing includes:

(1) Anyone who obstructs credit card management shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined not less than RMB 10,000 but not more than RMB 100,000;

( 2) If the quantity is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.

2. Legal basis: Article 177-1 of the Criminal Law of the People's Republic of China

The crime of obstructing credit card management involves one of the following circumstances: obstructing credit card management If the quantity is huge or there are other serious circumstances, the sentence shall be fixed-term imprisonment of not less than three years or criminal detention, and a fine of not less than 10,000 yuan but not more than 100,000 yuan, or a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the quantity is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years of fixed-term imprisonment, and also a fine of not less than 20,000 yuan. A fine of not less than RMB 200,000 but not more than RMB 200,000:

(1) Knowingly holding and transporting a forged credit card, or knowingly holding and transporting a large number of forged blank credit cards;

(2) Illegally holding other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Sell, buy, or provide others with forged credit cards or credit cards fraudulently obtained with false identification.

The crime of stealing, bribing, or illegally providing credit card information. Anyone who steals, bribes, or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.

2. What are the criminal components of the crime of obstructing credit card management

1. The object of the infringement is the country’s credit card management system;

2. The objective aspect is obstruction Credit card management practices. Specifically, it includes four situations:

(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in large quantities;

(2) Illegal holding of other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling or purchasing , Provide others with forged credit cards or use false identity certificates to fraudulently obtain credit cards. The perpetrator only needs to perform one of the above acts. This constitutes the crime of obstructing credit card management.

3. The criminal subject is a general subject. The unit cannot be the subject of the crime of obstructing credit card management;

4. The subjective aspect is intentional and generally has the purpose of seeking illegal benefits.