The four types of credit card fraud are as follows:
1. Using forged credit cards to commit fraud is an important manifestation of credit card fraud;
2. Using an invalid credit card to commit fraud is a credit card that has lost its validity due to legal reasons;
3. Using someone else’s credit card to commit fraud, the credit card must be used by the cardholder himself, which is an international rule of credit card management;
4. Malicious overdraft of personal credit cards. When the cardholder has no funds or insufficient funds in the card-issuing bank account, according to the card issuance agreement or with the approval of the bank, the cardholder is allowed to withdraw cash in excess of the existing fund limit or The act of spending with a card.
Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"
The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Using it fraudulently Others’ credit cards;
(4) Malicious overdrafts.
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.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
What are the constituent elements of the crime of credit card fraud
1. The object of the infringement is the credit card management system and public and private property ownership;
2. The objective aspect is behavior People use credit cards to defraud public or private property by fabricating facts or concealing the truth;
3. The subject is a general subject, and natural persons can become the criminal subject of this crime;
4. The subjective aspect is intentional.