Current location - Trademark Inquiry Complete Network - Overdue credit card - Is stealing a savings card a credit card fraud?
Is stealing a savings card a credit card fraud?
Legal analysis: stealing savings cards belongs to credit card fraud. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. Credit card fraud is a kind of fraud crime. The relationship between this crime and fraud is special law and general law. Credit card is a criminal tool in this crime. If an actor uses a credit card as a criminal tool to engage in fraudulent activities, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law rather than the object of the crime.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits the crime of credit card fraud under any of the following circumstances. If the amount of credit card fraud is relatively large, he 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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 term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.