What are the main manifestations of credit cards?
Credit cards mainly manifest themselves in the following forms: (1) Pretending to use other people’s credit cards. In our country, many people put their credit cards, passwords, and identity documents together for convenience. As a result, they are often lost at the same time, which creates opportunities for criminals to use the stolen credit cards. On the other hand, even if the credit card is not lost, there may be situations where the cardholder's credit card is defrauded or is entrusted to someone else for safekeeping and then used fraudulently by the fraudster or custodian. In recent years, fraudulent use of other people's credit cards has occurred frequently. (2) Use a credit card with a false ID to make a malicious overdraft. Criminals use fake identity cards, fake units and other supporting materials to apply for credit cards through illegal card-issuing intermediaries, and then make malicious overdrafts. (3) Use a counterfeit credit card. Criminals use various techniques to forge credit cards. Although these counterfeit credit cards do not fully meet ISO quality standards, as criminals improve their counterfeiting techniques, counterfeit credit cards have almost reached the point where they are almost as real as real ones. Article 177 of the Criminal Law of the People's Republic of China: The crime of forging or altering financial instruments falls under any of the following circumstances. Anyone who forges or alters financial instruments shall be sentenced to not more than five years or criminal detention, concurrently or solely. A fine of not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, a fine 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 circumstances are particularly serious, a fine of not less than 10 years but not more than 5 years. A fine of not less than 10,000 yuan but not more than 500,000 yuan or property confiscation: (1) Forging or altering bills of exchange, promissory notes, checks; (2) Forging or altering entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers (3) Forging or altering letters of credit or accompanying documents and documents; (4) Forging credit cards. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
What are the credit card behaviors?
There are mainly four types of credit card behaviors: (1) Using counterfeit credit cards. Counterfeiting here refers to illegally manufacturing credit cards that completely imitate the texture, pattern, section, pattern, magnetic stripe password, etc. of real credit cards and forging them based on real credit cards. The use here refers to the use by the perpetrator after forging it himself, or it can also be used knowingly that it is a forged credit card by others. (2) Using an invalid credit card. The invalidation here refers to an expired and invalid credit card, a credit card that has been reported as lost and invalid, and its validity period. Credit cards deactivated within. (3) Pretending to use other people’s credit cards. The so-called "pretending to use another person's credit card" means that a non-cardholder uses the credit card in the name of the cardholder to conduct shopping, consumption, cash withdrawal, etc. within the credit card business without the cardholder's consent or authorization. Pretending to use another person's credit card only refers to using someone else's legitimate credit card, and does not include counterfeit or invalid credit cards. If the perpetrator knowingly uses a forged or invalid credit card and illegally uses the user password for online credit card payment to illegally occupy other people's property, it should be regarded as the use of a forged or invalid credit card. (4) Malicious overdraft. Generally illegal malicious overdraft refers to the behavior of the perpetrator who deliberately violates the credit card terms and agreements for the purpose of illegal possession and fails to repay the credit card overdue, but the amount is relatively small.
Legal Basis
Article 196 of the "Criminal Law of the People's Republic of China": Credit card crimes include one of the following circumstances: conducting credit card activities with a relatively large amount , shall be sentenced to not less 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, the sentence shall be 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, he shall be sentenced to not less than 10 years or more, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to defraud the person; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.
What does credit card behavior include?
1. What does credit card behavior include? 1. Using counterfeit credit cards.
According to relevant judicial interpretations, anyone who maliciously overdrafts more than 50,000 yuan for the purpose of illegal possession and still fails to return it after three months after two or more effective collections by the bank shall constitute a credit card crime and shall be sentenced to not more than five years. . The so-called illegal possession refers to the following situations:
1. Overdrawing a large amount of money without being able to repay it, knowing that it cannot be repaid;
2. Applying for a credit card using false credit certificates The overdraft is later unable to be returned;
3. After the overdraft, the bank evades collection by escaping, changing contact information, etc.
"Criminal Law of the People's Republic of China"
Article 196
Credit card crimes include one of the following circumstances: carrying out credit card activities, If the amount is relatively large, he shall be sentenced to 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, and also to a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 10,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than ten years or, in addition, a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:
(1) Using counterfeit goods or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
p>
(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.
Anyone who commits a crime and uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
That’s it for the introduction to the types of credit card fraud.