The public prosecutor alleged that in March 213, the defendant Peng applied for a credit card from China Minsheng Bank without a fixed income, and then gave it to others for use. After repeated collection by the bank for more than three months, the amount owed has not been returned. As of the time of the incident, the overdraft principal of Peng's credit card was RMB 35,.
In May 215, the defendant Peng was arrested by the public security organs. After arriving at the case, Peng truthfully confessed the above facts and returned all the money owed to the bank with the help of his family.
The defendant Peng had no objection to the above facts during the trial, and it was confirmed by the report materials provided by China Minsheng Bank, including the report book, application materials, bill details, collection records and other evidence, as well as the Certificate, Receipt for Personal Credit Card Business, the Registration Form for Accepting Cases, the Capture Situation produced and issued by the public security organ, the confession record of the defendant Peng and household registration materials.
Our court believes that the defendant Peng Mou overdrawn beyond the prescribed time limit for the purpose of illegal possession, and refused to return the overdrawn bank money for more than three months after being urged twice by the issuing bank, and the amount was large, which constituted the crime of credit card fraud and should be punished according to law. The charges charged by the public prosecution agency are established and our court supports them. The defendant Peng can truthfully confess his crimes after arriving at the case, and can be given a lighter punishment according to law. In view of the fact that the defendant Peng has repaid all the overdraft interest before the judgment of the people's court was announced after the public security organ filed the case, he can also be given a lighter punishment. According to the criminal facts, circumstances and repentance of the defendant Peng, probation can be applied. However, the malicious overdraft behavior of the defendant Peng has seriously disrupted the normal financial and credit order. Therefore, during the probation period of the defendant Peng, our hospital prohibits him from applying for a credit card from commercial banks or other financial institutions. Accordingly, according to Article 196, Paragraph 1 (4) and Paragraph 2, Article 67, Paragraph 3, Article 72, Paragraph 2 and Paragraph 3 of Article 73 of the Criminal Law of the People's Republic of China and Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, the verdict is as follows:
1. Defendant.
(The probation period of probation is limited from the date of this judgment; The fine shall be paid to our court within 3 days from the effective date of this judgment. )
Second, it is forbidden for the defendant Peng to apply for a credit card from a commercial bank or other financial institution during the probation period.
(If the above-mentioned prohibition order is violated within the probation period of probation, if the circumstances are serious, the probation shall be revoked and the original sentence shall be executed.
after returning to the community, Peng should abide by laws and regulations, obey supervision and management, receive education, complete public welfare work, and be a citizen who is beneficial to society.