What is the law against reselling bank cards?
Bank cards refer to credit payment instruments issued to the public by approved commercial banks (including postal financial institutions) with all or part of the functions of consumer credit, transfer settlement, cash deposits and withdrawals, etc.
So what legal provisions will be violated by reselling bank cards? Next, let the author answer your questions one by one:
1. In our country, everyone’s bank card is bound to their own identity information and is a unique storage, payment, and credit tool issued by the state to individuals. , violating the relevant national bank credit card management system regulations, and reselling other people's credit cards is suspected of violating Article 177 of the "Criminal Law", constituting the crime of obstructing credit card management, and subject to a maximum sentence of ten years in prison.
Note: "Credit card" as stipulated in my country's Criminal Law refers to a credit card issued by a commercial bank or other financial institution that has all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. Electronic payment cards, whether they are what ordinary people call "credit cards" or "debit cards," are considered "credit cards" in the sense of criminal law and are prohibited from being resold, counterfeited, fraudulently obtained, or illegally held.
2. In practice, some criminals sell their own bank cards legally processed or bank cards purchased from others to criminal gangs for criminal use. In particular, many college students engage in this "part-time job for college students" in order to make money, helping Internet fraud gangs to resell bank cards. This behavior has been suspected of assisting information network criminal activities. Once convicted and punished, a good future will be ruined in an instant. .
So I would like to remind everyone that there is no such thing as a pie in the sky. The legal system is open to all, and any criminal behavior will be discovered one day. Don't take chances.
3. In addition, criminal gangs usually purchase credit cards to facilitate the commission of crimes such as fraud and money laundering. If the perpetrator conspires with the criminal gang to buy and sell credit cards to commit crimes, he will be deemed * ** offenders shall be convicted and punished in accordance with the law.
Laws and Regulations
"Criminal Law of the People's Republic of China"
1. Article 177-1 has one of the following circumstances, Whoever obstructs the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined Fines of not less than 20,000 yuan but not more than 200,000 yuan:
(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in larger quantities ;
(2) Illegally holding other people’s credit cards in large quantities;
(3) Using false identity certificates to fraudulently obtain credit cards;
( 4) Selling, buying, or providing others with forged credit cards or credit cards fraudulently obtained with false identity certificates.
Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished.
2. Article 287-2: The crime of aiding information network criminal activities is knowingly knowing that others are using information networks to commit crimes, and providing Internet access, server hosting, network storage, communication transmission and other technologies for their crimes. Support, or provide assistance in advertising, promotion, payment and settlement, etc. If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
If the acts in the preceding two paragraphs also constitute other crimes, they shall be convicted and punished in accordance with the provisions of heavier penalties.
3. Article 266: Whoever commits the crime of fraud by defrauding public or private property if the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. If this law provides otherwise, the provisions shall prevail.