1. What are the types of crimes of credit card fraud?

Credit card fraud is classified as a crime of financial fraud and is a crime that undermines the order of the socialist market economy. crime.

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property.

"Credit card fraud" is the criminal act of using "credit card" as a tool to commit "fraud". It can be said that "credit card fraud" is one of the types of "fraud", and it can also be understood that "credit card fraud" is a special provision of "fraud".

2. If it constitutes a malicious overdraft, does the card issuer require the card issuer to collect?

Yes. In practice, if a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after two effective collections by the card-issuing bank, it shall be deemed as a "malicious overdraft." Malicious overdraft constitutes the crime of credit card fraud and requires bank collection procedures. In other words, although the perpetrator has malicious overdraft behavior and subjectively has the purpose of illegal possession, the perpetrator cannot be punished immediately at this time. The crime of credit card fraud is only established when the perpetrator fails to return the money after effective collection by the bank. "Effective collection" here means that the card issuer's collection meets the following conditions:

First, it is carried out after the overdraft exceeds the prescribed limit or the prescribed period;

Second, the collection should be Use a method that can confirm receipt by the cardholder, except where the cardholder deliberately avoids collection;

Third, there must be at least 30 days between two collections;

Fourth, it meets the requirements Relevant provisions or agreements on collection.

Whether it is a valid collection should be based on the phone recordings, information delivery records, letter delivery receipts, email delivery records, signatures of the cardholders or their family members and other original evidence of collection provided by the card-issuing bank. material to make judgments.

The most common crime of credit card fraud is "malicious overdraft". Originally, banks approved the issuance of "credit cards" for the convenience of user consumption and payment. Legal and reasonable "overdraft" methods are not only convenient for users to use, but also play a role in promoting economic circulation. It is precisely because of this convenient way that some people have "evil thoughts". Thinking of using this method to keep the "overdraft" funds as their own, no matter how many times the bank calls for collection, the cardholder will ignore it and intentionally evade the repayment obligation.