The constitutive elements of the crime of obstructing credit card management: the object is the national credit card management system. Objectively speaking, it is an act that hinders credit card management. The subject is the general subject of crime, and the unit cannot be the subject of this crime. Subjectively, it is intentional.
According to the provisions of the first paragraph of Article 177-1 of the Criminal Law, anyone who interferes with the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;
(2) Illegally holding other people's credit cards, with a relatively large number;
(3) using false identification to defraud credit cards;
(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.
Legal objectivity:
Criminal law of the people's Republic of China
Article 177
In ...
Whoever knowingly holds or transports counterfeit credit cards, or knowingly holds or transports a large number of counterfeit blank credit cards, which hinders the management of credit cards, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan;
If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.