The crime of buying and selling other people's bank cards should be accurately understood as "illegal possession" in criminal law, which can be regarded as illegal possession of other people's credit cards and constitutes a crime of obstructing credit card management. Savings cards and bank cards are both "credit cards". The "credit card" stipulated in the Criminal Law refers to the electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. According to Article 36 of the Measures for the Administration of Credit Card Business, credit cards are only used by legitimate cardholders, and credit cards and their accounts are not allowed to be rented or lent. Accordingly, it is not allowed to sell credit cards, even if it is a real credit card that others voluntarily sell. Because the sale is illegal, the buyer cannot obtain the basis for legal possession, which does not affect the determination of "illegal possession".
Legal objectivity:
Article 177 of the Criminal Law shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention under any of the following circumstances, 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 large number of credit cards knowing that they are forged, or holding and transporting them knowing that they are blank credit cards; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using a fake ID card to defraud a credit card; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who takes advantage of his position to commit the crime mentioned in the second paragraph shall be given a heavier punishment.