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Judicial Interpretation of Credit Card Information Crime

The crime of credit card information refers to the act of stealing, buying, and illegally providing credit card information. Stealing refers to the act of obtaining other people's credit card information by secret means (including peeping, filming, copying, and high-tech methods); bribery refers to exchanging money or material benefits from relevant personnel (such as staff of banks and other financial institutions) for other people's credit cards. The act of providing information; illegal provision refers to the act of privately providing other people’s credit card information that is legally held. The "Decision of the Supreme People's Court and the Supreme People's Procuratorate on Amending the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing Credit Card Management" clarifies the standards for conviction, sentencing and legal application of credit card fraud and other crimes that impede credit card management. Based on judicial practice, it is hereby decided to amend the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing the Management of Credit Cards" (Fa Interpretation [2009] No. 19, hereinafter referred to as the "Interpretation") as follows: 1. Amend the original Article 6 of the "Interpretation" to: "If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after two effective calls by the card-issuing bank, it shall be deemed It is a 'malicious overdraft' stipulated in Article 196 of the Criminal Law. "Whether it is for the purpose of illegal possession should be based on the cardholder's credit record, repayment ability and willingness, the status of applying for and overdrafting the credit card, and the overdraft funds. Judgment will be made based on circumstances such as usage, performance after overdraft, reasons for failure to repay as required. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required. "Anyone of the following circumstances shall be deemed as 'illegal possession for the purpose' as stipulated in the second paragraph of Article 196 of the Criminal Law, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession: "( 1) A large amount of overdraft, which cannot be repaid, knowing that one has no ability to repay; “(2) An overdraft after applying for a credit card using false credit certificates, which cannot be returned; (3) After overdraft, evading the bank by hiding, changing contact information, etc. Collection; "(4) Escape and transfer funds, conceal property, and evade repayment; "(5) Use overdraft funds to carry out criminal activities; "(6) Other illegal possession of funds and refusal to return them."< /p>