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What are the conditions for a bank to handle the crime of credit card fraud?
In order to use money conveniently, many people usually apply for credit cards in banks, but fraud cases are easy to occur in banks. This paper mainly confirms that the constitutive conditions of fraud cases are the amount of money defrauded by the parties, and whether the criminal's behavior is intentional. If both are owned, the criminal needs to bear criminal responsibility. According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card fraud is a kind of fraud crime, and the relationship between this crime and fraud crime is a special law and a general law. In this crime, credit card is a criminal tool, not an object of crime. If the perpetrator uses a credit card as a criminal tool to engage in fraudulent activities, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud by using the credit embodied by credit cards. The constitutive elements of the crime of credit card fraud are as follows: 1. A large overdraft constitutes credit card fraud. The object of the crime is the credit card management system and the ownership of public and private property. 2. The objective aspect of this crime is the behavior of the actor using credit cards to defraud public and private property by using fictional facts or concealing the truth. 3. The subject of this crime is a general subject, and a natural person can be the subject of this crime. 4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public or private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors. For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the actor intentionally occupies other people's property, it is malicious overdraft, and vice versa. According to the above problems of bank credit card fraud cases, we can clearly understand that the crime conditions of fraud cases mainly lie in whether there is malicious behavior or not, and whether it achieves high fraud. Therefore, the parties concerned should carefully protect their personal property, so as to avoid the occurrence of fraud cases as much as possible. Fraud cases are very easy to happen to old people, so family members must take good care of them.