How to deal with the situation of fraudulently using other people’s credit cards

False use refers to the behavior of non-cardholders using the cardholder’s credit card in the name of the cardholder to defraud property. According to my country's relevant credit card regulations, credit cards are limited to the legitimate cardholder's personal use and may not be lent or transferred. However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the finder or thief to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the card holder notices the loss, pretending to be the card owner's identity and imitating the card owner's signature, and go to credit card authorized merchants or merchants. Bank purchases, withdrawals, or services are some of the common situations in which people fraudulently use other people’s credit cards to commit ++ crimes.

Is it a crime to use someone else’s credit card illegally?

Is it a crime to use someone else’s credit card illegally? It is a credit card++ crime. 1. The manifestations of the crime of credit card++: 1. Using forged credit cards Using forged credit cards is an important manifestation of the crime of credit card++. The perpetrator must have used a counterfeit credit card to constitute this crime. 2. Use an invalidated credit card. An invalidated credit card refers to a credit card that has become invalid due to legal reasons. Whether the cardholder or non-cardholder uses a credit card knowingly that it has been invalidated, they will be punished for this crime. 3. Pretending to use another person’s credit card. The so-called “pretending to use another person’s credit card” means that a non-cardholder uses the credit card in the name of the cardholder to conduct shopping, consumption, and cash withdrawals within the credit card business without the cardholder’s consent or authorization. etc++ behavior. Pretending to use another person's credit card only refers to using someone else's legitimate credit card, and does not include counterfeit or invalid credit cards. 4. Malicious overdraft Overdraft can be divided into good-faith overdraft and malicious overdraft. Malicious overdrafts can be divided into general illegal malicious overdrafts and criminal malicious overdrafts. Generally illegal malicious overdrafts are administrative violations and should bear corresponding administrative and civil liabilities. Since they are less harmful to society, they do not constitute a crime. According to the type of behavior, criminal malicious overdrafts can be divided into criminal malicious overdrafts exceeding the limit and criminal malicious overdrafts exceeding the time limit.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 196 Under any of the following circumstances, credit card++ If the amount is relatively large, he shall be sentenced to 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 not less than five years but not more than ten years++++ +, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the penalty shall be not less than ten years ++++ or ++++, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan. The following fines or confiscation of property may be imposed:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

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 uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”

Determination of the amount of fraudulently using other people’s credit cards

Anyone who fraudulently uses other people’s credit cards to carry out ++ activities with an amount of more than 5,000 yuan shall constitute the crime of credit card ++. Using a forged credit card, If you use a fraudulently obtained credit card with a false identity certificate, use an expired credit card, or use someone else's credit card to conduct ++ activities with an amount of more than 5,000 yuan, you should file a legal case.

Basis:

Article 54 of the "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" If any credit card++ activity is suspected of one of the following circumstances, a case shall be filed for prosecution:< /p>

Use a forged credit card, or use a credit card fraudulently obtained with false identity certificates, or use an invalid credit card, or falsely use another person’s credit card to conduct ++ activities with an amount of more than 5,000 yuan.

Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing the Management of Credit Cards. Article 3: Using a forged credit card, a credit card fraudulently obtained with a false identity certificate, a voided credit card or fraudulently using another person's credit card, If the amount of credit card++ activities is more than 5,000 yuan and less than 50,000 yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as "large amount" as stipulated in Article 196 of the Criminal Law; It is a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

Is it a crime to use someone else’s credit card fraudulently?

Is it a crime to use someone else’s credit card falsely? Article 196 of the "Criminal Law" stipulates that whoever fraudulently uses other people's credit cards to conduct credit card activities, and the amount is relatively large, shall be sentenced to 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, the sentence shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than ten years but not more ++++ or ++++, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated. "False use of other people's credit cards" includes the following situations: (1) finding other people's credit cards and using them; (2) defrauding other people's credit cards and using them; (3) stealing, buying, defrauding or obtaining other people's credit card information through other illegal means. And used through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people’s credit cards. "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 Obstructing the Management of Credit Cards" Article 5 "Criminal Law of the People's Republic of China" Article 196

This is the end of the introduction about stealing other people's credit cards and the crimes of stealing other people's credit cards. I wonder if you found the information you need?