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What are the causes of credit card fraud in my country?

1. What are the causes of credit card fraud in my country? (1) Counterfeit credit cards. Counterfeit credit cards refer to credit cards that imitate the quality, model, section, pattern and magnetic stripe password of a credit card. The so-called use refers to the act of using a forged credit card to defraud other people's property for the purpose of illegally possessing other people's property. This includes using counterfeit credit cards to purchase goods, withdraw cash, and use counterfeit credit cards to receive various services. (2) The crime of credit card fraud uses invalidated credit cards. An invalidated credit card refers to an expired credit card that cannot continue to be used according to laws and relevant regulations, an invalid credit card, a credit card that has been declared invalid according to the law, and a card holder who stopped midway during the validity period of the credit card. Use and return credit cards to the issuing bank, as well as credit cards that have been invalidated due to loss reporting. In addition, using an expired credit card also includes using an altered card. The so-called altered cards refer to invalid credit cards whose card numbers have been altered. These credit cards themselves were put on the stop payment list due to loss or cancellation, but a certain number on the card was flattened and then a new number was added to avoid blacklist retrieval. Therefore, altered cards are also a type of counterfeit cards. (3) Impersonation of others refers to the act of a non-cardholder using the cardholder's credit card in the name of the cardholder to defraud property. According to my country's credit card fraud regulations, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. This is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the finder or thief to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the card holder notices the loss, pretending to be the card owner's identity and imitating the card owner's signature, and go to credit card authorized merchants or merchants. Bank purchases, withdrawals, or services are some of the common situations in which people fraudulently use other people’s credit cards to commit fraud. (4) Malicious overdraft Overdraft refers to the behavior of a customer who has opened an account with a bank and, with the approval of the bank, allows the customer to spend money in excess of the funds on his account when the account has no funds or insufficient funds. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to the provisions of the crime of credit card fraud in Article 196, Paragraph 2, of the Criminal Law, means that the cardholder of the credit card, for the purpose of illegal possession, overdrafts beyond the prescribed limit or within the prescribed period and fails to return it after being called by the card-issuing bank. Behavior. The essential difference between a bona fide overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debt. According to the provisions of the Criminal Law, in addition to committing one of the above four acts, the perpetrator must also meet the requirements of a relatively large amount. If the amount is not large, even the above behavior is illegal and does not constitute a crime. As for what constitutes a “large amount”, there is currently no clear judicial interpretation. However, according to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, larger amounts of personal fraud refer to more than 5,000 yuan. The starting point for a larger amount of credit card fraud can be based on this provision and is preferably 5,000 yuan. (5) According to the provisions of the Criminal Law, in addition to committing one of the above four acts, the perpetrator must also meet the requirements of a relatively large amount. If the amount is not large, even the above behavior is illegal and does not constitute a crime. As for what constitutes a “large amount”, there is currently no clear judicial interpretation. However, according to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, larger amounts of personal fraud refer to more than 5,000 yuan. The starting point for a larger amount of credit card fraud can be based on this provision and is preferably 5,000 yuan. 2. The filing criteria for the crime of credit card fraud. The filing criteria for this crime are based on relevant legal provisions. Anyone suspected of one of the following circumstances shall be prosecuted: (1) Using forged credit cards, fraudulently obtaining credit cards with false identity certificates, invalidated credit cards, or Pretend to use other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan.

The term "false use of other people's credit cards" as mentioned in Item 3 of Article 196 of the Criminal Law 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 , buying, defrauding or obtaining other people's credit card information through other illegal means, and using it through the Internet, communication terminals, etc.; 4. Other situations of fraudulently using other people's credit cards. (2) Malicious overdraft of more than 10,000 yuan. If a cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ". Any of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: 1. Overdrawing a large amount of money despite knowing that there is no ability to repay, and making it impossible to repay; 2. Wanton squandering Overdrafted funds cannot be returned; 3. Escape after overdraft, change contact information, and avoid bank collection; 4. Escape or transfer funds, hide property, and evade repayment; 5. Use overdraft funds to carry out illegal and criminal activities; 6. Other behaviors of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. At present, my country's law enforcement measures against credit card fraud include criminalizing credit card fraud. The use of credit cards is very common, and credit card fraud is also a very common criminal behavior. The harm to social stability can be imagined. Therefore, the state also severely cracks down on criminal activities of credit card fraud and will never tolerate it.