Introduction: An appeal is a legal document used to submit an appeal to a higher court if you are dissatisfied with the first-instance judgment. Below is a collection of sample appeal letters for credit card fraud charges that I have collected. Welcome to read them. Sample letter of appeal for the crime of credit card fraud (1)

Appellant: Liu Moumou, female, born on July 8, 1966 in Jinan City, Shandong Province, Han nationality, university education, radio and television in Lixia District, Jinan City Bureau employee, registered at No. 26 Qinghe Street, Changqing District, Jinan, currently detained at Jinan Detention Center.

Defender: Wang Cheng of Shandong Fajie Law Firm

The appellant is dissatisfied with the criminal judgment of Jinan Huaiyin District People’s Court (2012) Huai Xing Chu Zi No. 5 File an appeal.

Appeal request

Request the court of second instance to revoke the Criminal Judgment No. 5 of the People’s Court of Huaiyin District, Jinan City (2012) Huaixinchuzi No. 5 in accordance with the law, and change the sentence in accordance with the law.

Cause of appeal

The original judgment found that the appellant Liu Moumou was guilty of credit card fraud and the amount was 112,719.77 yuan.

1. The court of first instance found that the appellant maliciously overdrafted Shenzhen Development Bank Jinan Branch, Industrial Bank Co., Ltd. Jinan Branch, China CITIC Bank Credit Card Center, China Construction Bank Co., Ltd. Jinan Branch, and China Everbright Bank Jinan Branch. The amounts were 8685.95 yuan, 9717.39 yuan, 7633 yuan, 4919.19 yuan, and 4985 yuan respectively. None of the above five banks exceeded 10,000 yuan. According to the provisions of the criminal law and judicial interpretations, the objective aspect of the crime of credit card fraud of malicious overdraft of credit cards refers to supporting For the purpose of illegal possession, the cardholder exceeds the prescribed limit of 10,000 yuan or overdrafts within the prescribed period, and fails to return the card for more than three months after being called upon twice by the issuing bank.

The amount of credit card overdrafts handled by the appellant in this case at the above-mentioned five banks did not exceed 10,000 yuan, which did not reach the legal amount for criminal offenses. The appellant believed that the amount could not be included in the amount suspected of credit card fraud. The main reasons are: 1. There is no clear provision in the law, that is, there is no express provision in the law. Malicious overdraft under the criminal law refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and failing to return it after being called by the card-issuing bank. It can be clearly stated here that it is one card, and it is not said to be the accumulation of multiple cards. In the provisions that criminalize the amount of illegal income, anything that needs to be accumulated is clearly stipulated in the criminal law, and the appellant in this case is a credit card who maliciously overdrafts his credit card. The law does not stipulate that the crime of fraud must be calculated cumulatively. Judging from its provisions, it cannot be concluded that there is a cumulative meaning at present. According to the principle of statutory crime, the legislative purpose of the crime of credit card fraud, and the principle of modesty in criminal law, the appellant’s behavior involves The above five banks do not constitute the crime of credit card fraud; 2. Judging from the legislative purpose of the crime of credit card fraud and the modesty principle of the criminal law, it is nothing more than to bring convenience to cardholders' transactions, encourage consumption and activate the commodity economy market. According to Purpose: Before applying for a credit card, the card-issuing bank needs to review the applicant's relevant certificates and sign a relevant contract with the applicant. That is, the prerequisite for obtaining a credit card is to have a contract with the bank first. Credit card transactions also allow the cardholder to have certain rights. Overdrafts of a certain amount and a certain period, or even overdrafts exceeding a certain amount and a certain period, are acceptable as long as they are returned after collection by the card-issuing bank. They are not considered illegal or breach of contract. Only non-repayment after collection is considered a breach of contract. In breach of contract, since breach of contract reaches a certain extent, it will seriously affect economic development and bring heavy negative impact to social development. Therefore, such malicious overdraft breach of contract is defined as a crime to a certain extent, and malicious overdraft to a certain extent is included in the list of breach of contract. In our country’s criminal law, paragraph 2 of Article 54 of the “Regulations of the Supreme People’s Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)” stipulates that three months after two collections of malicious overdrafts exceed 10,000 yuan. Failure to return still constitutes a crime, and criminal law means should be used to impose sanctions. Ultimately, this crime is a criminal sanction for a serious breach of contract to protect the country's financial order and social and economic order. If five separate breaches are allowed, they will not constitute a crime. Wouldn't it be absurd to add up to be upgraded to a crime and calculate the amount of credit card fraud? In addition, it also violates the principle of modesty of punishment. The so-called modesty refers to the fact that my country's criminal law is a means of punishing crimes and is the last line of defense of the law. Penalties should not be too widely involved in society. We should remain modest instinctively. We should not immediately use criminal law to punish them as soon as there is an illegal act. There must be some restraint. It is obvious that the superposition of five illegal acts reaches a larger amount and constitutes a crime. It means that punishment is too widely involved in civil life.

In short, although the five credit card overdrafts from the above-mentioned five banks used by the appellant were subjectively malicious, they all met the prescribed standard of 10,000 yuan for filing a case. In the final analysis, they were only used by five banks. There is no legal basis for the bank's breach of contract in using credit cards, and the accumulation of five breaches of breach of contract into a crime has no legal basis, nor is it in line with the legislative purpose of establishing the crime of credit card fraud and the modest legal principle of punishment. It is best not to be counted in this case. Within the crime of credit card fraud.

2. The appellant Liu’s overdraft amount of 20,473.41 yuan at the Jinan Branch of China Merchants Bank has been resolved through civil disputes. The judgment was made by the Jinan Shizhong District People’s Court and the case was filed for execution. It cannot It will be treated as a criminal case again.

In summary, the court of first instance found that the appellant’s credit card fraud amount of 112,719.77 yuan lacked legal basis. It should be calculated as the amount that does not constitute a crime after excluding the above five banks: 35,940.53 yuan, and should also be Excluding the amount of China Merchants Bank Jinan Branch that was handled as a civil case: 20,473.41 yuan, therefore the amount involved in the crime of credit card fraud by the appellant should be: 56,305.83 yuan. The appellant has paid off all the above overdraft principal, interest, and other fees. According to the relevant provisions of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Management of Credit Cards", the court of second instance is requested to revoke the original judgment in accordance with the law and change the judgment in accordance with the law on the basis of ascertaining the facts.

Sincerely

Jinan Intermediate People’s Court

Appellant: Liu Moumou Credit Card Fraud Appeal Letter Sample (2)

Appeal Person: Su, male, born on October 10, 1973, Han nationality, college education,?. He was criminally detained on May 28, 2012 on suspicion of committing credit card fraud, and was arrested on July 3 of the same year; he is currently detained at the City Detention Center.

The appellant was dissatisfied with the Criminal Judgment No. ? of Ningde City, Fujian Province, and appealed in accordance with the law.

Appeal request:

Request to revoke the criminal judgment No.? of Ningde City, Fujian Province and change the sentence in accordance with the law.

Reasons for appeal:

1. Regarding the crime of credit card fraud

(1) Suspicious flaws in the investigation procedure

1. 2012 The transcript of the first interrogation on May 28 shows that before the investigators presented the credit cards for identification, and before presenting the statements and consumption records for identification, the defendant applied for the date, month, day, 16-digit number of the four credit cards he held. The card number, the 16-digit card number of the four cards, the overdraft amount of the four cards, the overdraft amount of the four cards can be specified to the first cent of every ten thousand, every ten yuan, and the total overdraft amount of the four cards. It can be as specific as the first cent of every ten thousand and every ten yuan, which goes against ordinary people's memory ability and common sense. Why? Please find out in court!

　2, 2012 The transcript of the interrogation on August 2, 2019, shows that 65 days (two months) later, when the investigators neither produced the credit card nor the statements and consumption records, the defendant still clearly and accurately described the four The date, month and day of credit card application, 16-digit card number, 16-digit card number of four cards, overdraft amount of four cards, and overdraft amount of four cards can be specified to the first cent of every thousand, one thousand, every ten, every dollar, every dime , and the total overdraft amount of the four cards can be specified to the first cent of every one thousand and one tenth of every yuan and every dime. This goes against ordinary people's memory ability and common sense. What is the reason? Please find out in court!

(2) The victim, Ningde Branch of Industrial and Commercial Bank of China Co., Ltd., made serious mistakes and the defendant’s overdraft amount was inaccurate

1. According to the relevant provisions of the bank’s credit card validity period and the victim’s application for case filing report, The three credit cards issued on January 18, 2007, September 16, 2004, and January 16, 2009 have obviously expired. Should the cards be replaced? And does the continuous issuance violate the bank's credit card risk regulations? Please also ask The court found out!

2. According to the relevant provisions of the bank’s credit card credit limit and the victim’s application for filing the case report, it was issued on January 18, 2007, September 16, 2004, and January 16, 2009 The superficial credit limits of the three credit cards are 7,500, 5,000, and 10,000, but in fact the credit limits of the three cards are exclusive, that is, the total credit limit of the three cards will not exceed 10,000 yuan.

If this is the case, it is impossible for the defendant to overdraft all three cards by 22,500 yuan in full! If not, the credit limit exceeds 10,000 yuan, and the victim has a serious fault. That is, the victim's fault created the conditions for the defendant to illegally overdraft! Therefore, it exceeds 10,000 yuan. Part of the responsibility should not be borne by the defendant.

3. According to the relevant regulations on bank credit card risk management and the victim’s application for filing a case report, the victim began to submit collection tasks from November 23, 2010 to the earliest date of 2011 when the defendant’s four cards were finally overdrafted. On April 3, the overdue record had reached five months, but the victim did not take measures to stop the card, resulting in the defendant's illegal overdraft. Therefore, the criminal liability for the expanded loss should not be borne by the defendant.

4. According to the bank’s credit card risk management regulations and the statement provided by the victim, the defendant can withdraw 2,500 yuan at a time from the ATM machine (generally no more than 2,000 yuan), or twice in a row on the same day. The above cash withdrawals were made at ATMs (generally once a day), and the defendant could spend 10,000 yuan at a time on the Internet (credit card consumption on the Alipay network cannot exceed 500 yuan in a month), which clearly showed serious negligence in risk control. The court should carefully consider how to determine the corresponding responsibility for the defendant's crime caused by such negligence.

5. According to the relevant regulations on bank credit card risk management and the victim’s application report, the victim issued a credit card with a credit limit of 10,000 yuan to the defendant on January 16, 2009, and then in April 2009. On March 20, a credit card with a credit limit of 50,000 yuan was issued, which seriously violated the risk control principle that the limit can only be adjusted after six months of normal use and the adjustment limit cannot exceed 50. This kind of issuance of cards that violates the principles gives the defendant an opportunity to commit illegal crimes. How can the defendant bear the responsibility?

2. Regarding the crime of fraud

(1) The victim may not be the victim Fraud.

1. According to relevant laws, government bidding is an administrative act with strict procedural regulations. The victims Guo, Xu and Cheng, as individuals and company business personnel, should clearly know the relevant procedural regulations and The illegality of paying the deposit, therefore, when the defendant proposed to jointly pay the deposit, the victim had an illegal purpose and there was no misunderstanding on the part of the victim that constituted the crime of fraud.

2. According to relevant laws, government taxation is also an administrative act, with clear taxation standards and exemption standards. As a citizen, the victim Guo should know that tax authorities are not commercial institutions and tax authorities handle VIP The customer was unimaginable. Therefore, when the defendant proposed to handle VIP customers for him, the victim had an illegal benefit concept, and there was no misunderstanding of the victim that constituted the crime of fraud.

(2) Report a criminal case with an IOU, indicating that the defendant does not have the purpose of illegal possession.

1. According to the victim’s report record and inquiry record, the defendant signed an IOU as evidence of debt when receiving the victim’s money to facilitate the victim’s recovery, indicating that the defendant did not have any illegality that constituted the crime of fraud. Purpose of possession.

2. The IOU signed by the defendant and the receipt signed by the victim indicate that both parties have clear expectations as to whether the amount can be returned, and that the victim also clearly knows that the defendant does not have the purpose of illegal possession that constitutes the crime of fraud. .

Finally, according to the oral statements of the defendant and his family members, the defendant was in debt due to personal reasons and was temporarily unable to repay the debts of the victims of the above two crimes. Although there was deception, he has been taking some actions and trying hard to hope The repayment of the above debts does not have the purpose of illegal possession and may not constitute the crime of credit card fraud or fraud. The court is requested to conduct a comprehensive and systematic review and change the sentence in accordance with the law!

Sincerely

Ningde, Fujian Province Municipal Intermediate People's Court