According to Article 196 of the Criminal Law, 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. The crime of credit card fraud is a kind of fraud, and the relationship between this crime and fraud is special law and general law. In this crime, credit card is a tool of crime, not the object of crime.
Extended data:
key component
The constitutive elements of the crime of credit card fraud are as follows:
1, the object of this crime is the credit card management system and the ownership of public and private property.
2. The objective aspect of this crime is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors.
For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the perpetrator intentionally occupies other people's property, it is a malicious overdraft, and vice versa.
References:
Baidu encyclopedia-credit card fraud