1. The perpetrator is subjectively intentional, that is, he has the purpose of using the letter of credit to conduct fraudulent activities and defraud property. Whether there is the purpose of defrauding property is an important distinction between this crime and the general illegal behavior of mistakenly using a letter of credit due to negligence or other reasons. 2. The perpetrator must objectively commit fraud by using a letter of credit. Supplement: including (1) using forged or altered letters of credit or accompanying documents and documents; (2) using invalid letters of credit; (3) fraudulently obtaining letters of credit; (4) using other methods to commit letter of credit fraud active. 3. The object of the infringement is the international financial order and the property ownership of others. 4. Subject: general subject, both natural persons and units can become the subject of this crime.

Legal Basis

"Criminal Law"

Article 195: The crime of letter of credit fraud falls under any of the following circumstances. If a letter of credit fraud is carried out, 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; 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 shall also be fined 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 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 confiscation of property:

(1 ) Using forged or altered letters of credit or accompanying documents and documents;

(2) Using invalidated letters of credit;

(3) Fraudulently obtaining letters of credit;

(4) Carrying out letter of credit fraud through other methods.

Article 196: 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 20 yuan. A fine of not more than 10,000 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. to fixed-term imprisonment of not less than 1 year or life in prison, 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 an expired 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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.