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Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing Credit Card
Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing Credit Card Management

Article 1. Copying other people’s credit cards, writing other people’s credit card information into magnetic stripe media or chips, or using other methods to forge more than one credit card shall be deemed as Article 177.1 of the Criminal Law. The "counterfeit credit card" specified in Item (4) of this paragraph shall be convicted and punished for the crime of counterfeiting financial instruments.

Anyone who forges more than 10 blank credit cards shall be deemed as a "forged credit card" as specified in Item (4) of Article 177, Paragraph 1, of the Criminal Law, and shall be convicted and punished for the crime of forging financial instruments.

Forgery of credit cards under any of the following circumstances shall be deemed as a “serious circumstance” as stipulated in Article 177 of the Criminal Law:

(1) Forgery of more than 5 credit cards Less than 25; (2) The deposit balance and overdraft limit in the forged credit card, individually or in total, is more than 200,000 yuan but less than 1 million yuan;

(3) Forgery There are more than 50 but less than 250 blank credit cards;

(4) Other serious circumstances.

Forgery of credit cards under any of the following circumstances shall be deemed as “particularly serious circumstances” stipulated in Article 177 of the Criminal Law:

(1) Forgery of 25 credit cards The above;

(2) The deposit balance and overdraft limit in the forged credit card, individually or in total, are more than 1 million yuan;

(3) The forged blank credit cards are more than 250 ;

(4) Other particularly serious circumstances.

The "deposit balance and overdraft limit in the credit card" referred to in this article shall be calculated based on the maximum deposit balance and overdraft limit recorded by the issuing bank after the credit card was forged. Article 2 Anyone who knowingly holds or transports more than 10 but less than 100 blank credit cards that are counterfeit shall be deemed to be a "larger quantity" as specified in Item (1) of Article 177-1, Paragraph 1, of the Criminal Law. ; Anyone who illegally holds more than 5 but less than 50 other people’s credit cards shall be deemed to be a “larger quantity” as stipulated in Article 177-1, Item (2) of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed to be a "huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law:

(1) Knowingly knowing that it is forgery Holding and transporting more than 10 credit cards;

(2) Holding and transporting more than 100 blank credit cards knowing that they are counterfeit;

(3) Illegal possession Having more than 50 credit cards from others;

(4) Using false identity certificates to fraudulently obtain more than 10 credit cards;

(5) Selling, buying, or providing forged credit cards to others Credit cards or more than 10 credit cards fraudulently obtained with false identification.

Using other people’s ID cards, military officer ID cards, soldier ID cards, Mainland Travel Permits for Hong Kong and Macao residents, Mainland Travel Permits for Taiwan residents, passports and other identity documents to apply for credit cards against other people’s wishes, or using forged or altered documents If a person applies for a credit card using a false identity certificate, it shall be deemed as "using a false identity certificate to fraudulently obtain a credit card" as stipulated in Article 177-1, Item (3) of the Criminal Law. Article 3 Whoever steals, buys, or illegally provides other people's credit card information, which is enough to forge a credit card that can be used for transactions, or enough to enable others to conduct transactions in the name of the credit card holder, involving more than 1 but less than 5 credit cards, shall be punished in accordance with Article 100 of the Criminal Law. According to the provisions of Paragraph 2 of Article 77-1, the crime of stealing, buying or illegally providing credit card information shall be convicted and punished; if more than 5 credit cards are involved, it shall be deemed as the crime of stealing, buying or illegally providing credit card information as specified in Paragraph 1 of Article 177-1 of the Criminal Law. "A huge amount." Article 4: Producing and providing false credit certification materials such as property status, income, position, etc. for credit card applicants, involving the forgery, alteration, or sale of official documents, certificates, and seals of state agencies, or involving the forgery of companies, enterprises, institutions, and people's organizations Those who must be held criminally responsible for seals shall, in accordance with the provisions of Article 280 of the Criminal Law, be convicted and punished for the crime of forging, altering, or buying and selling official documents, certificates, and seals of state agencies, and the crime of forging the seals of companies, enterprises, institutions, and people's organizations. .

Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held accountable Those found guilty of criminal liability shall, in accordance with the provisions of Article 229 of the Criminal Law, be convicted and punished for the crime of providing false certification documents and the crime of issuing materially inaccurate certification documents. Article 5 Whoever uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, a voided credit card or falsely uses another person's credit card to commit credit card fraud, with the amount exceeding 5,000 yuan but less than 50,000 yuan, shall be deemed to be one of the 100 persons under the Criminal Law. A "large amount" as stipulated in Article 96; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, It should be determined to be an “especially huge amount” as stipulated in Article 196 of the Criminal Law.

The term "false use of other people's credit cards" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) Lost other people's credit cards and Use;

(2) Defraud other people’s credit cards and use them;

(3) Steal, bribe, defraud or obtain other people’s credit card information through other illegal means, and use it through the Internet, Used by communication terminals, etc.;

(4) Other situations of fraudulent use of other people’s credit cards.