I believe that we all have one or several credit cards. Credit cards can be used for purchases in advance, which will arouse the criminal thoughts of some criminals. So what are the situations of fraudulently using other people’s credit cards? Next, I will explain We have compiled some knowledge about this aspect, welcome to read it! "Impersonating other people's credit cards" includes the following situations: (1) finding other people's credit cards and using them; (2) defrauding other people's credit cards and using them; (3) stealing or buying , obtain other people's credit card information by fraud or other illegal means, and use it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people's credit cards. Cases 3, 4, and 5 are respectively the act of finding and using someone else's credit card, and the act of fraudulently using someone else's credit card to defraud someone else's credit card, all of which constitute the crime of credit card fraud. "Impersonating other people's credit cards" is an important form of credit card fraud. The Supreme People's Procuratorate's "How to characterize the behavior of picking up other people's credit cards and using them at automatic teller machines (ATMs)" came into effect on May 7, 2008. The Approval clearly stipulates that the act of picking up someone else's credit card and using it at an automated teller machine (ATM) is a case of "pretending to use someone else's credit card" as stipulated in Article 196, paragraph 1, item 3, of the Criminal Law. If it constitutes a crime, it will be prosecuted for the crime of credit card fraud. criminal responsibility. Correctly understanding this judicial interpretation and clarifying the theoretical basis and manifestations of "impersonating other people's credit cards" in the crime of credit card fraud have important guiding significance for judicial practice. The basic connotation of "impersonation" in Article 196, Paragraph 1, Item 3 of the Criminal Law. The basic structure of the crime of fraud is that the perpetrator commits deception by "fabricating facts and concealing the truth", causing the deceived to fall into misunderstandings and then dispose of property. A special type of fraud, the deceptive behavior of credit card fraud is expressly limited by law to the use of forged or false identity documents to fraudulently obtain credit cards, the use of invalid credit cards, fraudulent use of other people's credit cards and malicious overdrafts. "Impersonation" in credit card fraud should consist of two consecutive processes: "pretending to be someone else's identity" and "using a credit card". The "impersonation" in fraudulent use refers to the actor pretending to be the identity of the legal cardholder. In judicial practice, this usually means that the actor uses the card, signature, etc., to express or imply the identity of the legal cardholder without the consent of the legal cardholder. Methods to show others that you are a legitimate cardholder. It is a basic system of credit cards that the credit card must be used by the cardholder himself. Article 28, paragraph 3, of the "Bank Card Business Management Measures" stipulates: "Bank cards and their accounts can only be used by the cardholder who has been approved by the card-issuing bank." "Used, not rented or lent." In practical life, when a person uses other people's credit cards to make purchases, the salesperson usually assumes that the holder is the legal owner of the card without knowing the truth. Therefore, for the purpose of illegally possessing other people's property, the perpetrator holds other people's credit cards before using them and pretends to be the real cardholder. This implicit behavior itself is the "impersonation" of the legal cardholder's identity. Secondly, in order to obtain illegal benefits through credit card fraud, the perpetrator generally needs to take the initiative to forge identity certificates, counterfeit signatures, enter passwords, etc. to prove "their" identity to others, and to expressly show to others that they are "legitimate" ” cardholders, supplemented by the successful completion of credit card fraud. The "use" in fraudulent use refers to the process of illegally obtaining property by using other people's credit cards. According to the needs of theoretical research on criminal law, there are two ways in which actors use other people's credit cards for the purpose of illegal possession: one is that the actor uses other people's credit cards with the assistance of a salesperson, which usually manifests as the actor holding someone else's credit card at a special appointment. Consumption in merchants or withdrawals and transfers in front of bank counters; another situation is when the perpetrator uses other people's credit cards on the machine on his own, which usually manifests as the perpetrator using other people's credit cards to withdraw money and transfer money at the ATM machine, and the perpetrator making payments in online banking. Make transfers to someone else's credit card account. In the former case, the perpetrator deceives the salesperson, pretends to be a legitimate cardholder and uses the card. There is no doubt that it is characterized as credit card fraud. However, the actor enters certain instructions into the machine and withdraws money and transfers money through ATM machines and online banking to achieve the purpose of illegally possessing other people's property. Since no "person" is deceived in the process, theorists are not convinced about this situation. There is great controversy over its characterization.

Professor Zhang Mingkai believes: "The fraudulent use of other people's credit cards can only be used by natural persons. Therefore, 'false use' at an ATM or 'false use' in telephone banking does not constitute the fraudulent use of other people's credit cards, and therefore does not constitute the crime of credit card fraud." , only the crime of theft or other related crimes is established." Some commentators further pointed out: "Machines cannot be the object of fraud, and the act of fraudulently using other people's credit cards to obtain money at an ATM can only be considered a crime of theft, not a credit card. The crime of fraud.” Some judges from the substantive department wrote based on the case they decided that using a stolen credit card to withdraw a larger amount of cash at an ATM should constitute the crime of theft. Many scholars and judicial personnel in my country have questioned the view that machines are unconscious and cannot be defrauded. Some commentators pointed out: "The act of withdrawing money from an ATM after picking up a credit card and password is an act of fraudulently using another person's credit card and should constitute a credit card fraud." The crime of fraud. In this kind of behavior, it is not that there is no deceiver, the deceiver exists objectively, that is, the bank. "There is no difference in the nature of withdrawing money from a bank or a special merchant." Although the machine does not have human intelligence, its ability to serve customers is based on artificially set procedures. According to the relevant regulations of the credit card, only the cardholder can use the credit card, and the ATM machine also needs to serve customers. Verify the identity. For ATM machines, the customer's password is equal to the customer's identity. The customer's input of the password to enter the program is actually the process of verifying the identity. Using someone else's password to withdraw money is the same as impersonating someone else's identity to possess property, and should also be classified as credit card fraud. "The Second Criminal Tribunal of the Supreme People's Court took the (2003) Chao Xing Chu Zi Case No. 02114 as an example and further pointed out in an article published in the People's Court News: "After finding the bank debit card, he used another person's ID card. The act of guessing the password and then withdrawing money at the bank counter or ATM is essentially using the name of the bank card owner and using deceptive means to deceive the trust of the bank and make the payment. This is completely consistent with the use of fiction in fraud crimes. Facts, means of concealing the truth, and the characteristics of causing others to fall into misconceptions and voluntarily handing over property. If the amount of property is defrauded, the person should be convicted and punished as a crime of fraud. "The author agrees that the act of fraudulently using other people's credit cards to withdraw money from ATM machines should be considered a credit card. However, the above-mentioned argument is divorced from the provisions of my country's current criminal law on the objects of fraud. It fails to reveal the nature of "robots" such as ATM machines, online banking, and telephone banking that are defrauded in the criminal law, and confuses "machine" and "machine". The concept of “robot” has never been able to accurately define the legal nature of “robot”. The author believes that because robots such as ATM machines are intelligent and have the function of handling property, they have the legal nature of a bank's "electronic agent". The "robot" that is the target of fraud in criminal law and the "machine" in the general context It's totally different.