Credit card theft is the crime of theft or credit card fraud. The crime of theft is to steal other people's credit cards and use them through illegal means. The crime of credit card fraud is to forge other people's credit cards (or pick up other people's credit cards) and use them. If the amount of fraudulent credit card fraud is relatively large, the person will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. The larger the amount of fraud, the more serious the circumstances, the criminal law will increase the sentence, and so on.

According to the provisions of relevant laws, credit card fraud usually refers to the perpetrator using various illegal means or methods to copy other people's credit cards and payment passwords, thereby stealing other people's credit card funds for their own use and to the card holders. A criminal act that causes corresponding property losses, and the act of stealing a credit card can constitute the crime of theft.

According to the sentencing standards for the crime of theft in the "Criminal Law":

Stealing other people's property, suspected of committing a relatively large amount of money, or committing multiple thefts, thefts with weapons, burglaries, and pickpockets , according to law, the person may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or fixed-term imprisonment, and may also be fined; if the suspected amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and fined; if the suspected amount is If the crime is particularly serious or there are other particularly serious circumstances, the criminal will be sentenced to fixed-term imprisonment of more than ten years or life imprisonment according to law, and shall also be fined or have the criminal's property confiscated.

The main situations of credit card fraud are as follows:

1. Steal credit cards and their passwords directly. Criminals install card-swallowing devices in ATM machines in advance to intercept real cards and peek at passwords; they interfere with cardholders while they are doing business and wait for opportunities to steal real cards. After obtaining someone else's credit card, you can withdraw cash at the bank counter or ATM machine, or swipe the card for consumption at a special merchant.

2. Steal credit card information and passwords. Criminals obtain the cardholder's card information by installing fake keyboards, cameras and other devices on ATM machines, self-service bank automatic door card readers or POS machines, clone a new card with the cardholder's information, and then Use cloned cards to withdraw cash or swipe card purchases; or use deceptive means such as phone calls and text messages to obtain the cardholder's credit card information and steal the amount.

3. Picking up or stealing other people's credit cards, pretending to be the cardholder's identity, reporting the loss, canceling or changing the password, and then taking the opportunity to steal or swipe the funds in the card.

Judging from the three different manifestations of credit card fraud, they are all fraudulent, but they are still slightly different. According to the different manifestations of fraud, the liability will be different.

To sum up, these are the editor’s answers to credit card fraud. I hope it can help you.

Legal basis:

Theft of credit cards may constitute the crime of credit card fraud or theft. The provisions on sentencing: According to Article 196 of the "Criminal Law": Under the following circumstances: 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; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years but not more than 10 years. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than 10 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 identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

Reminder that the so-called malicious overdraft in the previous 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 still not returning the card after being called by the card-issuing bank.

According to Article 264 of the "Criminal Law": Anyone who steals public or private property in a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years. , criminal detention or surveillance, and shall also be fined or shall be fined alone; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to not less than ten years Fixed-term imprisonment or life imprisonment, and a fine or confiscation of property.