Credit card fraud refers to the behavior of using credit cards to conduct fraudulent activities for the purpose of illegal possession, violating credit card management regulations, and defrauding a large amount of property. According to the legal basis, it mainly involves the use of counterfeit credit cards, or the use of credit cards fraudulently obtained with false identity documents.

Legal Analysis

Credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession and to defraud larger amounts of property. Use counterfeit credit cards or credit cards fraudulently obtained with false identification to defraud property. Credit cards stipulated in the Criminal Law refer to electronic payment cards issued by commercial banks or other financial institutions that have all or part of the functions of consumer payment, credit loans, transfer settlement, cash deposits and withdrawals, etc. Use means using the counterfeit credit card as a real and valid credit card according to the usual usage of credit cards. The use of counterfeit credit cards is limited to natural persons. Anyone who uses a counterfeit credit card to obtain property at a machine is guilty of the crime of theft. If you use a so-called "altered" credit card (such as a credit card with the information in the magnetic strip changed), you should be deemed to be using a counterfeit credit card. Anyone who uses a forged credit card to privately pledge a guarantee to defraud others of their property is not guilty of credit card fraud, but should be considered a crime of (contract) fraud. In addition to intentionality, the elements of liability also require the purpose of illegal possession. When using a forged or invalid credit card, you must know that it is a forged or invalid credit card; if you think it is someone else's real and valid credit card, but actually use a forged credit card, it is an error within the same constituent elements and does not affect the crime of credit card fraud. of establishment. A bona fide overdraft without the purpose of illegal possession does not constitute the crime of credit card fraud.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Under any of the following circumstances, credit card fraud activities involving relatively large amounts shall be punished Whoever commits a crime shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a counterfeit credit card, or using a counterfeit credit card; or Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.