A man turned himself in and was sentenced to 2 years in prison after withdrawing NT$50,000 from a credit card found at an ATM machine. Is the sentence appropriate?
In fact, this situation is not uncommon in real life. The above judgment is correct from a legal perspective. Specifically, the reasons are as follows:
The so-called crime of credit card fraud refers to the use of credit cards for the purpose of illegal possession, with a large amount of money. In judicial practice, there are mainly the following forms:
1. Using counterfeit credit cards
2. Using invalid credit cards
3. Counterfeiting Using other people's credit cards
4. Malicious overdrafts
A relatively large amount is the degree requirement of this crime. According to the relevant judicial interpretations, if the credit card amount is more than 5,000 yuan, you should To pursue a lawsuit.
At the same time, according to relevant judicial interpretations, fraudulent use of other people's credit cards includes the following forms: holding other people's credit cards and using them due to reasons such as finding them or keeping them on behalf of others.
As far as this case is concerned, Wang Qiang’s behavior was precisely because he found someone else’s credit card and used it. He also had criminal intent (for the purpose of illegal possession), and the amount exceeded the legal limit. , should be classified as a credit card crime. The criminal law stipulates three sentencing levels for this crime. The first level is for relatively large amounts (more than 5,000 yuan and less than 50,000 yuan), which shall be punished by a sentence of not more than five years or criminal detention, and a fine of not less than 20,000 yuan. A fine of less than 200,000 yuan was imposed. In this case, Wang Qiang surrendered, so the above judgment made on this basis is more reasonable.
Furthermore, this case cannot be classified as a crime, otherwise the nature would be different. According to the provisions of the 2005 "Criminal Law Amendment Five", only those who use credit cards together can be classified as a crime. Wang Qiang's behavior in this case It only constitutes a credit card and cannot be converted into a crime.
One thing that needs to be added is that as a subject with full formal responsibility capacity, he must be responsible for his own actions. There is always an insurmountable gap between morality and law. If morality in real society has overridden If the country is above the law, then the country will not be a country
The procedure for solving the case of stolen credit card
1. Report the loss. No matter how you discover that your credit card has been stolen, the first step is to call the bank's customer service number immediately to report the loss. In fact, reporting the loss is the most important, so that you can enjoy the lost card protection service launched by the bank.
2. Check the money at the ATM machine. After reporting the loss, you don’t need to replace the card first. Instead, you can go to the nearest ATM machine to find out your credit card balance. At the same time, this is also the most favorable evidence to later prove that the card is with you and your location, because the bank can retrieve it. Your inquiry records and video can prove that you were not at the scene of the crime at that moment, and you also had the card with you.
If there is no bank or cash machine around you at the time, you can also find a nearby supermarket or convenience store, make a payment, and keep the receipt to prove that the card was indeed with you at the time.
3. Report the crime. Usually when you report a crime to an ordinary police station, they will not accept it and will pass the blame on each other. The card owner can report the crime directly to the police station of the card issuance center in the city where the card was applied for. If you do not know the area to which the card belongs, you can call customer service and ask him to provide you with the area. The purpose of reporting a case is to help you add evidence to the bank's chargeback application process and increase the possibility of a successful chargeback application.
4. Contact a lawyer immediately to minimize possible risks. Don't worry that contacting a lawyer will take too much time. For a simple case, a lawyer can generally clarify the ins and outs within 5 minutes and give corresponding opinions.
5. Ask the bank to provide important documents. Find a location with a fax machine, use the fax machine phone to call customer service again, and ask customer service to help you fax two important documents. "Account Inquiry Statement" and "Additional Instructions for Non-Personal Transactions".
6. Repay the loan according to the agreed time. Many people will think that the money is stolen and does not belong to their own consumption; or they will not repay the money if they are dissatisfied with the bank's processing results, which will expand their losses to a certain extent.
Extended information:
Recently, the Yongxing Police Station of the Tianquan County Public Security Bureau successfully cracked a credit card case and captured the suspect Yang Mouhao (male, 12 years old, Tianquan) .
Recently, the Yongxing Police Station received a report from Zhou Mouming, a villager in Zhangjia Village, Renyi Township, Tianquan County, saying that 23,123.98 yuan in his credit card had been stolen. After investigation, it was found that Zhou Mouming's son Xiao Zhou was friends with the criminal suspect Yang Mouhao. Xiao Zhou borrowed Yang Mouhao's QQ account to bind a credit card and forgot to unbind it after using it.
On May 20, Yang Mouhao accidentally discovered this credit card bound to his QQ, which could be used for payment through QQ wallet, so Yang Mouhao paid for it between May 20 and June 3 , used 88 QQ payments to purchase Honor of Kings, Clash of Clans skins, props, etc., with a total amount of 23,123.98 yuan stolen.
At present, because the criminal suspect is a minor, the police took him back to his family after being educated and criticized, and assisted Zhou Mouming in recovering the cash. On June 27, Zhou Mouming sent a banner to the police station that read "Thunder Attack, Solve Cases Quickly".
Sichuan News Network-The Tianquan Public Security Bureau promptly recovered more than 20,000 yuan from a stolen credit card
How about the Yongxing Town Business Office of China Postal Savings Bank Co., Ltd., Kaijiang County?
The Postal Savings Bank of China Co., Ltd. Yongxing Town Business Office in Kaijiang County is a branch of a joint-stock company (unlisted, state-owned) registered in Dazhou City, Sichuan Province on November 10, 2009. The address is located at No. 258, Yongxing Street, Yongxing Town, Kaijiang County, Sichuan Province.
The unified social credit code/registration number of the Postal Savings Bank of China Co., Ltd. Yongxing Town branch in Kaijiang County is 91511700599994012X. The corporate legal person is Guo Longhui, and the company is currently open for business.
The business scope of the Postal Savings Bank of China Co., Ltd. Kaijiang County Yongxing Town Business Office is: absorbing local and foreign currency savings deposits; handling domestic and international remittance business; engaging in bank card (debit card) business; accepting Credit card repayment business; agency collection and payment business based on the Postal Savings Bank system; agency issuance and redemption of government bonds; provision of personal deposit certificate services; agency sales of insurance, funds, wealth management products and other Postal Savings Bank businesses. (Projects that require approval according to law can only carry out business activities after approval from relevant departments). In Sichuan Province, the total registered capital of companies with similar business scope is 3,979.75 million yuan, and the main capital is concentrated in 52 enterprises with a scale of more than 50 million yuan. Within this province, the current registered capital of enterprises is average.
View more information and information about Postal Savings Bank of China Co., Ltd. Kaijiang County Yongxing Town Branch Office through Baidu Enterprise Credit.
Does Yongxing Credit Union work on Sundays?
Credit cooperatives work on a 5-2 basis, that is, rural credit cooperatives work on Saturdays and Sundays. And you can make deposits, withdrawals, and handle personal business as usual. It’s just that we can’t handle corporate business. The specific working hours are slightly later than usual, usually 9:30-16:00. Normal counter business is from 8:30 to 5:30.
Extended information
Rural credit cooperatives were established with the approval of the China Banking Regulatory Commission. They are composed of members holding shares and implement member democratic management, which is reflected in the "three meetings" system. The "three meetings" specifically refer to the member (representative) conference, the board of directors and the board of supervisors. Rural cooperative financial institutions that mainly provide financial services to community members.
Rural credit cooperatives have been rolled out across the country in accordance with the reform plan of "clarifying property rights relationships, strengthening restraint mechanisms, enhancing service functions, providing appropriate support from the state, and taking responsibility of provincial and local governments", and have successively established provincial credit cooperatives in various provinces and cities. The Rural Credit Cooperatives Federation is responsible for the "management, guidance, coordination and services" of rural credit cooperatives in the province and city.
After the reform, rural credit cooperatives mainly have the following three models: 1. Rural credit cooperatives. 2. Rural commercial banks. 3. Rural cooperative banks.
Rural credit cooperatives in various provinces have invested in the Rural Credit Bank Fund Clearing Center, which has enabled deposit and withdrawal services among rural credit cooperatives, rural commercial banks and rural cooperative banks across the country, and opened bank cards to join the Chinese The modern payment system of the People's Bank of China enables deposits and withdrawals across banks.
References Baidu Encyclopedia Rural Credit Cooperatives
How about Zaozhuang Yongxing Real Estate Brokerage Co., Ltd.?
Zaozhuang Yongxing Real Estate Brokerage Co., Ltd. is a limited liability company (sole proprietorship of natural persons) registered in Shizhong District, Zaozhuang City, Shandong Province on January 13, 2015. Its registered address is located in Xin, Shizhong District, Zaozhuang City, Shandong Province. The sixth business room on the second floor of Changzhu Group is the owner of the business house.
The unified social credit code/registration number of Zaozhuang Yongxing Real Estate Brokerage Co., Ltd. is 91370402328324738M, the corporate legal person is Lu Xin, and the company is currently in business.
The business scope of Zaozhuang Yongxing Real Estate Brokerage Co., Ltd. is: real estate agency services; economic information consulting services (excluding financial, credit card business, securities and futures investment consulting and projects prohibited by the state); second-hand housing transaction agency ; Real estate marketing and planning; agency for housing ownership certificates. (Projects that require approval according to law can only carry out business activities after approval from relevant departments). In Shandong Province, the total registered capital of companies with similar business scope is 13,787.68 million yuan, and the main capital is concentrated in 630 enterprises with a scale of 10-50 million and above 50 million. Within this province, the current registered capital of enterprises is considered to be good.
Zaozhuang Yongxing Real Estate Brokerage Co., Ltd. has invested in 0 companies and has 1 branch.
View more information and information about Zaozhuang Yongxing Real Estate Brokerage Co., Ltd. through Baidu Enterprise Credit.
15515571507 Su Wei from Henan Yongxing Bank, how do you mark the phone number of a scammer? What a bullshit small business manager, he tricked me into applying for a credit card, I hope
call customer service to report
Or you can use mobile phone anti-virus software to mark the number as a scammer, such as 360 or mobile phone manager.
That’s it for the introduction of Yongxing Credit Card.