How to pass sentence by using someone else's credit card

According to the provisions of the Criminal Law, those who use someone else's credit card to carry out credit card++activities, if the amount is relatively large, shall be sentenced to+++or criminal detention of not more than five years and fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to+++or+++for more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card++involves credit card++activities under any of the following circumstances. If the amount is relatively large, it shall be sentenced to+++for not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to more than 1 years+++or+++,and shall also be fined more than 5, yuan and less than 5, yuan, or his property shall be confiscated: < P > (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 malicious overdraft 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.

it is determined that the amount of someone else's credit card is fraudulently used

if someone else's credit card is fraudulently used to carry out++activities, the amount is more than 5, yuan, which constitutes the crime of credit card++. Anyone who uses a forged credit card, or uses a credit card fraudulently obtained with a false identity certificate, or uses an invalid credit card, or uses another person's credit card fraudulently to carry out++activities, and the amount is more than 5, yuan, shall file a case for prosecution.

Legal basis:

Article 54 of the Provisions on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs conducts credit card++activities, and if it is suspected of one of the following circumstances, it shall be filed for prosecution:

Using forged credit cards, or using credit cards fraudulently obtained with false identification, or using invalid credit cards, or using others' credit cards to conduct++activities with an amount of more than 5, yuan.

Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 3 Whoever uses forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards, or fraudulent use of other people's credit cards to carry out credit card++activities, the amount of which is more than 5, yuan but less than 5, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5, yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

will it be a crime to use someone else's credit card fraudulently?

it is a crime to use someone else's credit card fraudulently. Article 196 of the Criminal Law stipulates that whoever uses another person's credit card to engage in credit card++activities, if the amount is relatively large, shall be sentenced to+++for not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to+++or+++for more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property. "Fraudulent use of another person's credit card" includes the following situations: (1) picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (3) Stealing, buying, defrauding or obtaining other people's credit card information by other illegal means and using it through the Internet, communication terminals, etc.; (4) Other circumstances of fraudulently using other people's credit cards. Interpretation of the Supreme People++and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 5 Article 196 of the Criminal Law of the People's Republic of China

Does fraudulent use of another person's credit card constitute a crime

Fraudulent use of another person's credit card is a credit card++and constitutes a credit card++crime. First, the manifestations of credit card++crime: 1. Using forged credit cards Using forged credit cards is an important manifestation of credit card++crime. The perpetrator must use a forged credit card to constitute this crime. 2. Using an Invalid Credit Card An invalid credit card refers to a credit card that has lost its effectiveness due to legal reasons. Whether it is a cardholder or a non-cardholder, knowing that it is an invalid credit card, it is punished as this crime. 3. Fraudulent use of another person's credit card The so-called "fraudulent use of another person's credit card" means that a non-cardholder uses a credit card in the name of the cardholder without the cardholder's consent or authorization to conduct++behaviors such as shopping, consumption and cash withdrawal in the credit card business. Fraudulent use of other people's credit cards only refers to fraudulent use of other people's legal credit cards, not including forged and invalid credit cards. 4. Malicious overdraft can be divided into goodwill overdraft and malicious overdraft. Malicious overdraft can be divided into general illegal malicious overdraft and criminal malicious overdraft. Generally illegal malicious overdraft is an administrative illegal act, which should bear corresponding administrative and civil responsibilities. Because of its less social harm, it does not constitute a crime. Criminal malicious overdraft can be divided into criminal malicious overdraft exceeding the limit and criminal malicious overdraft exceeding the time limit according to the type of behavior.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China

Whoever engages in credit card++activities in any of the following circumstances, 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 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be+++for more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, the offender shall be sentenced to more than 1 years+++or+++,and shall also be fined more than 5, yuan and less than 5, yuan, or his property shall be confiscated: < P > (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 malicious overdraft 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.

++ credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

How to deal with the fraudulent use of other people's credit cards

Fraudulent use refers to the behavior that a non-cardholder uses the cardholder's credit card in the cardholder's name to defraud property. According to China's regulations on credit cards, credit cards are limited to legitimate cardholders and may not be lent or transferred. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for the picker or the thief to use it fraudulently. After obtaining someone else's credit card, these pickers or thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the stop payment management to impersonate the identity of the card owner and imitate the signature of the card owner, and go to a credit card merchant or bank to shop for money or enjoy services. These are several common situations in which someone else's credit card is fraudulently used to commit++crimes.

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