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Is credit card fraud a criminal case?

Whether credit card fraud is criminal or civil depends on the amount of fraud and the specific circumstances to know whether it is criminal liability or civil liability. If the amount of fraud is too large, the public security agency will file a case, which is criminal liability. . However, if the amount of fraud is small and there is no appeal, it is civil liability. In modern society, with the continuous development of our country's society, the concept of legality is gradually taking root in people's hearts. In real society, there are still some illegal behaviors, such as fraud. In recent years, the use of bank cards has become very common, so credit cards Scams are also relatively common. So, is credit card fraud a crime? Next, I will introduce to you in detail the question of whether credit card fraud is a crime and related issues.

1. Is credit card fraud a criminal offense? It must be judged based on the specific circumstances. If it meets the constituent elements of the crime of credit card fraud, it is a criminal offense. According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. 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 overdrafts to conduct fraudulent activities. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is special law and general law. Credit card is a criminal tool in this crime. If the perpetrator uses the credit card as a criminal tool to carry out fraudulent activities, he shall be punished according to the special law. Superior to the principle of general law, the crime should be convicted and punished. rather than the object of the crime. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud committed by using the credit reflected in the credit card.

2. Components of the crime of credit card fraud: 1. The objects of this crime are the credit card management system and the ownership of public and private property. 2. The objective aspect of this crime is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth. 3. The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime. 4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions also have their own specific content. For example, if a counterfeit credit card or an invalid credit card is used to commit fraud, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, this crime cannot be committed. In the case of credit card overdrafts, the distinction between bona fide overdrafts and malicious overdrafts should also be analyzed from the intentional content of the perpetrator. If the perpetrator has the intention to illegally possess other people's property, it is a malicious overdraft, and vice versa, it is a bona fide overdraft.

3. Methods 1. Create the illusion that the credit card has been swallowed. Scammers first trick you in the ATM machine to prevent you from taking out your card, and then pretend to be a kind person to remind you to re-enter your password. When your operation fails and you go to the bank business hall to inquire, the "good Samaritan" will take the card away. 2. Fake websites are tempting to deceive. Scammers clone the real bank website and then advertise on it that the online bank is offering a lottery. When you click to enter, you will be asked to enter your card number and password. 3. SMS notification of "friendly" guidance. Scammers pretend to be bank staff and notify you that your credit card has been used successfully in a shopping mall, and leave a phone number for inquiries. When you call to ask if you have any questions, the scammer will "kindly" guide you to operate the ATM machine, and use various excuses to induce you to transfer the money to his designated account. 4. Fraud in the name of payment. After the scammers tried their best to find the information of some companies, they called and pretended to pay a deposit before ordering, and asked the financial staff to check it in time. A day or two later, the scammer will ask again if the payment has been received. When the financial staff responds that they have not received the payment, the scammer will provide a so-called bank phone number for the financial staff to verify. After the automatic answering call is connected, it will remind you to enter it. Account number and password. When the scammer obtains the account number and password, he will immediately forge his ID card and go to the bank to withdraw money. 5. Call to ask for the password. The scammer falsely claims that your credit card has been stolen and the suspect has been caught, and requires the deceived person to report the card number and password to "bank staff" to avoid "the credit card being frozen." Once you give your relevant information to the scammer, the amount on your credit card will be stolen. 6. Peep the password first before taking action.

When you withdraw money or use your card to make purchases at an ATM machine, the thief has secretly tracked and written down your password, and then waits for an opportunity to steal your bank card and use it. 7. Post "notices" to induce you to transfer money. Scammers often post a notice on the ATM machine such as "Bank system failure, please follow the following procedures, otherwise you will be responsible for the consequences." When you follow the prompts, the amount on your card will be transferred to the scammer. 8. When playing a double reed, the performance can be changed instantly. When you finish your business but have not yet taken out your card, someone next to you asks you a question. While you were turning around to speak, another person next to you had already changed your card. 9. Peeping at the victim’s personal information. Some customers do not have a strong awareness of personal information protection when handling banking services, so some scammers use their super memory to write down the victim's credit card number, ID number, name, and bank card password, and then forge the victim's ID card to the bank. Open online banking and take the victim's deposits as your own. First of all, what everyone needs to know is that in our country’s criminal law, there are provisions for the crime of credit card fraud, which means that credit card fraud may lead to criminal liability. As for whether to bear criminal responsibility, it needs to be judged based on the constituent elements of the crime. If you still don’t understand anything about the issue of whether credit card fraud is a crime, I suggest you consult a local lawyer in detail.