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Credit card criminal law
What are the types of credit card crimes?

There are four kinds of credit card crimes stipulated in China's criminal law, as follows: First, the crime of forging or altering financial tickets. According to Item 4 of Article 177 of the Criminal Law, forging a credit card constitutes this crime. Second, the crime of obstructing credit card management. According to the first paragraph of Article 177 of the Criminal Law, the following four acts constitute this crime: (1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, in a large number; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Third, the crime of stealing, buying and illegally providing credit card information. The second paragraph of article 177- 1 of the criminal law stipulates. Fourth, credit card crime. According to Article 196 of the Criminal Law, the following four acts constitute this crime: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card;

legal ground

Criminal law of the people's Republic of China

Article 177 Whoever forges or alters financial bills under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than 20,000 yuan but not more than 200,000 yuan; If the circumstances are serious, 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 circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan, or confiscated property:

(1) Forging or altering bills of exchange, promissory notes and cheques;

(2) Forging or altering other bank settlement vouchers such as entrusted collection vouchers, remittance vouchers and bank deposit vouchers;

(3) Forging or altering letters of credit or accompanying documents and documents;

(4) Forged credit cards.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

Credit card prison standard

According to the Criminal Law of People's Republic of China (PRC), the standard of conviction related to credit cards is to engage in credit card activities. If the amount is relatively large, he 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

Legal basis:

Article 196 of the Criminal Law of People's Republic of China (PRC), who engages in credit card activities under 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, 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.

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.

What are the provisions of the law on credit card crimes?

1. What are the provisions of the law on credit card crimes? Article 177 of the Criminal Law: Whoever, under any of the following circumstances, obstructs the management of credit cards 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 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, with a relatively large amount; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment. Article 196 Whoever engages in credit card activities under any of the following circumstances, with a relatively large amount, 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 and 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 credit card fraudulently obtained with false identification; (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. 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. Second, the classification of cash-out behavior is 1, which is the cardholder's personal behavior. Cardholders play the trick of "others spend their own cards", swipe other people's shopping accounts into their own cards to increase points, and at the same time, shoppers return the cardholders' cash, which really kills two birds with one stone for cardholders. Because many banks have launched value-added services while issuing credit cards, and carried out activities such as exchanging consumption points for gifts to show people's enthusiasm for making Kaka and spending. 2. The cardholder cooperates with the merchant or some "loan companies" and "intermediary companies", and the cardholder obtains cash by paying the handling fee to the merchant. Generally, the merchant's pos machine is used to make false transactions, and the amount on the credit card is crossed out. Merchants or "loan companies" and "intermediary companies" pay cash on the spot (paying cash to cardholders), and the handling fee paid by cardholders to merchants is lower than that of banks. 3. Cardholders get cash by using some websites or company services, such as Alipay or China Mobile's "Online Prepaid Card Purchase" service. Third, related knowledge credit card cashing is suspected of loans. Credit card is essentially a small credit loan, and the essence of credit card cashing is that merchants collude with cardholders to maliciously take a certain amount of loans from banks in the name of consumption. This is suspected of fictitious loans to some extent. If the cashier refuses to repay, it also violates the provisions of the criminal law on malicious overdraft, and the maximum sentence can be sentenced. The Interpretation of the Supreme People's Procuratorate and the Supreme People on Several Issues Concerning the Specific Application of Laws in Handling Credit Card Crimes stipulates: 1. Whoever forges or fraudulently uses his identity card or business license to apply for a credit card in a bank, or forges, alters or fraudulently uses a credit card to defraud property, if the amount is relatively large, shall be punished as a crime. 2. An individual who, for the purpose of illegal possession, or knowing that he is unable to repay, uses a credit card to maliciously overdraw, defrauds property of more than 5,000 yuan, evades tracing, or fails to return it after being urged by a bank for more than three months, shall be investigated for criminal responsibility for this crime. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit. 3. If the perpetrator's malicious overdraft constitutes a crime, and all overdraft interest has been returned before the people's procuratorate after the incident, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility. 4. Bank staff who commit the above-mentioned criminal acts shall be given a heavier punishment according to law. Choosing to use credit cards will bring convenience to people's daily life, but it will also lead to illegal phenomena, so we must pay attention to the security of credit cards. At the same time, the state should also solve the problems and shortcomings of credit cards. I hope the above laws about credit card crimes can help you.

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