Constitution of crime. (1) Object requirements. The object infringed by this crime is a complex object, which not only infringes on the state's financial instrument management system, specifically the credit card management system, but also causes damage to the public and private property ownership of the bank and the relevant parties of the credit card. The crime targeted credit cards. The so-called credit card refers to a credit voucher issued by a credit card company (including various card issuers) to the cardholder for purchasing goods, obtaining services or withdrawing cash based on the cardholder's credit. With this voucher, cardholders can go to designated locations to make purchases and receive services, such as going to shopping malls and stores to purchase items, and going to hotels, restaurants, entertainment venues to enjoy services, etc., without having to pay cash. Afterwards, the payment is made to the card issuer at the designated consumption location of the credit card, usually called a credit card merchant, and the card issuer deducts the relevant consumption fees from the money deposited and withdrawn by the cardholder. At the same time, cardholders can also use the card to deposit and withdraw cash at the business outlets designated by the card issuer. The credit card can only be used by the person and cannot be transferred or loaned, let alone pawned or mortgaged. In terms of content, a credit card should generally include: (1) On the front of the card, the pattern designed by the credit card company, the company name and the name of the credit card should be printed, and there should be a special logo for the credit card or an anti-counterfeiting mark; (2) Use the punch card to The machine prints the credit card company code, credit card number, cardholder name, validity period and other contents on the card in raised characters so that the card press can be used to copy these contents on the signature form when using; Reserve the cardholder's signature on the back and compare it with the font on the signature form. Generally, there is also a simple statement from the card issuing company such as restricted scope of use, payment currency restrictions, etc.; (3) Set a tape on the back to record the cardholder's relevant information and password for computer terminals or ATMs to identify authenticity. (2) Objective requirements. This crime objectively manifests itself as the use of counterfeit or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defraud public or private property, and the amount is relatively large. The specific behaviors are as follows: 1. Using counterfeit credit cards to commit fraud. The so-called use includes various services such as purchasing goods with a credit card, withdrawing cash from banks or ATMs, and accepting credit cards for payment and settlement. The counterfeit credit card here refers to the counterfeit credit card stipulated in Article 177 of this Law, that is, a credit card manufactured using various illegal methods. For counterfeit credit cards, some are used by the counterfeiters themselves to carry out fraudulent activities, and some are sold or given to others by the counterfeiters, who then use them to carry out fraudulent activities. Whether it is used by oneself or by others, for the user, it is a case of using a counterfeit credit card. The use of counterfeit credit cards, whether to make purchases or receive various paid services, is fraudulent in nature. 2. Use an expired credit card to commit fraud. The so-called expired credit card refers to the use of a credit card that has become invalid due to legal reasons. According to relevant regulations, invalidated credit cards mainly include the following types: (1) Credit cards automatically expire after their effective use period. Depending on the card-issuing bank and the type of credit card, the valid period of use of the credit card also varies, ranging from one year to two years to three years or longer. If you no longer use the credit card after the effective period of use or if you still need to continue using it and go through the card replacement procedures, you should return the expired credit card to the issuing bank or card issuing company. (2) The credit card holder stops using the card halfway within the validity period. At this time, although the validity period of the credit card has not expired, it will be invalid after the card return procedure is completed. (3) The credit card becomes invalid due to reporting the loss of the credit card. 3. Pretending to use other people’s credit cards to commit fraud. The so-called fraudulent use of other people’s credit cards refers to the behavior of non-card holders using the card holder’s credit card in the name of the card holder to defraud property. For example, using a found credit card; using a credit card kept for the cardholder to make purchases without the cardholder’s consent, etc. 4. Use a credit card for malicious overdraft. A credit card overdraft means that when the cardholder has insufficient funds or no funds in the credit card account of the issuing bank, the cardholder can still use the credit card for consumption with the approval of the bank. A credit card overdraft is essentially a consumer credit provided by the bank to the cardholder, which allows the cardholder to make purchases first if the funds are insufficient, and then the cardholder will replenish the funds later and pay a certain amount of interest as required. In my country, all card-issuing banks generally stipulate that cardholders are allowed to make short-term good faith overdrafts within a certain limit.

In practice, some criminals take advantage of the overdraft feature of bank credit cards for the purpose of illegal possession. They still fail to return the overdraft after being called by the card-issuing bank, or abscond and conceal their identity after a large overdraft to evade repayment responsibilities. This behavior is called This is the so-called fraud crime of using credit cards to maliciously overdraft. The crime must be a large amount of credit card fraud. A relatively large amount is the main limit for the crime of credit card fraud. For credit card fraud that does not involve a large amount, administrative liability and civil liability can be pursued. (3) Main requirements. The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. The unit can also become the subject of this crime. (4) Subjective requirements. This crime can only be subjectively constituted intentionally and must have the purpose of illegally possessing public or private property. If the perpetrator does not intend to commit fraud, even if he obtains property in violation of relevant credit card management regulations, he cannot be punished as a crime. If you use a credit card without knowing it is a forgery or invalid, make an overdraft in good faith, misuse another person's credit card, etc., you will not be punished as a crime.

Legal Basis

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

Article 196 Under any of the following circumstances, credit card fraud activities are carried out , where the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than 10,000 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 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(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 another person’s credit card;

(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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”