1. What are the conditions for credit card fraud?

(1) Object Elements The object of this crime is a complex object, which not only infringes on the national credit card management system, but also damages the public and private property ownership of banks and credit card related people.

(II) Objective Elements This crime is objectively manifested in the use of forged or altered credit cards, or fraudulent use of other people's credit cards, or malicious overdraft of credit cards, thus defrauding a large amount of public and private property. Its specific behavior is as follows:

1, fraudulently using forged credit cards;

2. Use an invalid credit card for fraud;

3. Fraudulent use of other people's credit cards for fraud;

4. Malicious overdraft by credit card.

This crime must be a large amount of credit card fraud. Larger amount is the main limit of credit card fraud. For a small amount of credit card fraud, administrative liability and civil liability can be investigated.

(III) Subject Elements The subject of this crime is the general subject. The unit can also be the subject of this crime.

(IV) Subjective Elements Subjectively, this crime can only be constituted intentionally, and it must have the purpose of illegally possessing public or private property.

Second, how to distinguish between "goodwill overdraft" and "malicious overdraft" in credit card fraud?

The essential difference between goodwill overdraft and malicious overdraft lies in the subjective and intentional differences of the actors. Although both of them objectively caused overdraft, the actor of the former used it first and then returned it, and then returned the overdraft and interest; The latter takes the overdraft as his own, and he doesn't want to pay it back at all or has no ability to pay it back. Therefore, in his behavior, he must try his best to avoid the dunning of the relevant departments, and even take the method of absconding to avoid debts.

In real life, credit card overdrafts often occur, but whether the perpetrator is good or malicious must be comprehensively analyzed to get a correct judgment. In combination with the above situation, if the credit card is handled by fraudulent means of providing false certificates and fake ID cards, and then a large amount of overdraft is made, its behavior itself is enough to prove that it is a malicious overdraft; If you legally apply for a credit card and use your own credit card for a large amount of overdraft, you can analyze the specific performance before and after the overdraft, such as absconding after overdraft, or refusing to repay after repeated reminders from the bank, or overdraft exceeds your actual ability to pay, which can be considered as malicious overdraft.