Current location - Trademark Inquiry Complete Network - Overdue credit card - Is it a crime to return the credit card to others?
Is it a crime to return the credit card to others?
Legal analysis: returning the credit card to others does not constitute a crime, but is a legal civil compensation act. There are two kinds of credit card crimes in China: credit card fraud and obstruction of bank card management. One of the following circumstances constitutes the crime of credit card fraud: 1, using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate; 2. Use an invalid credit card; 3. Fraudulent use of other people's credit cards; 4. Malicious overdraft. Under any of the following circumstances, it constitutes the crime of obstructing the management of bank cards: 1, holding and transporting a forged credit card knowingly, or holding and transporting a large number of forged blank credit cards knowingly; 2. Illegally holding a large number of other people's credit cards; 3. Use false identification to defraud credit cards; 4. Selling, buying or providing others with forged credit cards or obtaining credit cards by fraudulent means.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

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