1. Personal information is leaked. Criminals may use personal information to carry out illegal activities, such as malicious overdraft, fake micro-loans and money laundering, which will not only damage personal credit, but also lead to being summoned by the police or notified to appear in court by court summons.
2. The security of account funds is threatened. Criminals may report the loss of your bank account or credit card account, reissue it and set a password, thus stealing the funds in the account.
3. Take legal responsibility. If the credit card is involved in fraud, it may bear criminal responsibility for the crime of credit card fraud. According to the relevant provisions of the Criminal Law, the punishment for the crime of credit card fraud includes fixed-term imprisonment, criminal detention and fine.
Credit card crime:
(1) Malicious overdraft
Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank.
if the cardholder overdraws beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, but the issuing bank fails to collect the money from the cardholder or for some reason, such as the cardholder maliciously evades the collection from the cardholder, it does not constitute the crime of credit card fraud, but it can constitute the crime of fraud.
(II) Stealing credit cards
Whoever steals a credit card and uses it shall be convicted and punished by the law of theft. The amount of theft shall be determined according to the amount (actual amount) used by the perpetrator after stealing the credit card.
anyone who robs a credit card but doesn't use it shall be punished as robbery.
the act of stealing a credit card but not using it should not be regarded as theft.
stealing a forged or invalid credit card and using it after knowing that it is a forged or invalid credit card should be regarded as the crime of credit card fraud.
note: if someone picks up another person's credit card and uses it on an automatic teller machine (ATM), which constitutes a crime, criminal responsibility shall be investigated for the crime of credit card fraud.
(III) Deceiving a credit card
If a credit card is fraudulently used by using a false identity certificate, the crime of forging official documents and seals, or the crime of forging a resident identity card, or the crime of obstructing credit card management should be regarded as an implicated offender according to the nature and circumstances of the act that has been implemented by the law.
if the production and origin of false identity certificates are not introduced, but only the fact of using false identity certificates to defraud credit cards, it is not necessary to consider the situation of implicated offenders, and it is directly recognized as the crime of obstructing credit card management.
to sum up, once you find that you have been tricked into handling a credit card, you should immediately report it to the bank and take measures to solve it, such as timely repayment to avoid overdue, and communicate with the bank to reduce the possible negative impact. At the same time, we should pay attention to protecting personal information and avoid providing sensitive information to untrustworthy third parties.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) Using forged credit cards;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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.