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Civil Code Provisions on Credit Card Fraud

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Whoever commits credit card fraud and 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 20,000 yuan but not more than 200,000 yuan; Those who commit serious crimes or have other serious circumstances 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 50,000 yuan but not more than 500,000 yuan. Regarding the latest regulations on credit card fraud, the editor of the website will provide you with details below. answer. 1. What are the latest regulations on credit card fraud? 1. Whoever commits credit card fraud and 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 20,000 yuan but not more than 200,000 yuan. 2. If the amount is huge or there are other serious circumstances, the person 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 50,000 yuan but not more than 500,000 yuan. 3. 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 not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated. 4. Legal basis: Article 196 of the "Criminal Law" The crime of credit card fraud falls under any of the following circumstances. If the amount of credit card fraud is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and not less than 20,000 yuan. A fine of 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 five years but not more than 10 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. A prison term of not less than ten years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates; (2) Using Canceled 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. 2. What are the criminal elements of the crime of fraud as follows: 1. Object elements The object of this crime is the ownership of public and private property. 2. The object of the crime of fraud is limited to the property of the state, collective or individual, rather than defrauding other illegal benefits. 3. Objectively speaking, it manifests itself as using fraudulent methods to defraud large amounts of public and private property. 4. Any natural person with the capacity for criminal responsibility can commit this crime. 5. The subjective aspect shows direct intention and the purpose of illegally possessing public and private property. Through the above detailed introduction, I believe everyone should have understood the relevant legal knowledge about the latest regulations on credit card fraud. If the amount is extremely large or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of more than ten years or life imprisonment, and shall also be fined 50,000 yuan. A fine of not less than RMB 500,000 but not more than RMB 500,000 or property confiscation may be imposed. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go online to consult a professional lawyer. The law is objective:

"Criminal Law"

Article 196

If one of the following circumstances occurs and the amount of credit card fraud is relatively large, Whoever commits a crime shall be sentenced to fixed-term imprisonment of 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; 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 in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Fines or confiscation of property:

(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.