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The difference between credit card fraud and general fraud

The difference between credit card fraud and ordinary fraud is as follows: Credit card fraud (also called credit card fraud) refers to the use of credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud large amounts of property. behavior. The crime of fraud refers to the act of defrauding public or private property of a relatively large amount by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal benefits. Its objects should also exclude loans from financial institutions. Because this law has specifically stipulated the crime of loan fraud in Article 193. It is generally believed that the basic structure of this crime is: the perpetrator commits fraud for the purpose of illegal possession → the victim develops a misunderstanding → the victim disposes of the property based on the misunderstanding → the perpetrator obtains the property → the victim suffers property losses. The difference between credit card fraud and ordinary fraud: The biggest difference between the two is that the latter uses the fact of credit card fraud, while the former is not limited to the method used. The crime of fraud and the crime of credit card fraud belong to the overlap of legal provisions in the criminal law. Our country's criminal law stipulates some special types of fraud crimes, such as fund-raising fraud, loan fraud, bill fraud, financial certificate fraud, credit card fraud, Securities fraud, insurance fraud, contract fraud, export tax refund fraud, etc. There is a competing relationship between special law and common law between these fraud crimes and fraud crimes. According to the special law, it is superior to the common law. In principle, it should be punished as a special type of fraud crime. It can be seen that the essence of credit card fraud is still ordinary fraud. The main difference between the crime of credit card fraud and the crime of ordinary fraud is that the crime of credit card fraud mainly commits fraud through credit cards, but the crime of ordinary fraud does not emphasize that credit cards must be used as a means to commit fraud. And according to our country's legal terminology, the relationship between the two is the relationship between special law and common law. Article 196 of the "Criminal Law of the People's Republic of China" Whoever engages in credit card fraud and 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years or to life imprisonment. Imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property. Article 266 of the Criminal Law of the People's Republic of China