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How to identify counterfeit credit card fraud

Legal analysis: Private possession and possession are two different concepts. The amendment does not stipulate private possession, which shows that legislators have not criminalized the act of secretly concealing a credit card that is knowingly counterfeit. Possession is a state of possession and control over a specific object. It is essentially the domination and control of the specific object by the actor. Possession does not require the specific object to be under the control of the actor's physical force, and does not mean that the actor has control over the specific object. The direct possession and control of the natural or physical force of a specific item is a condition, and it only requires the factual state and relationship between the actor and the item to dominate and be dominated, control and be controlled. Therefore, possession can mean that the perpetrator carries the forged credit card with him, hides it at home, or stores it in a specific place, or it can also mean that the forged credit card is entrusted to others for safekeeping and is within the scope of one's control. In terms of the specific connotation of "holding", "holding" and "having" are inseparable. If the actor only keeps the credit card for others without direct control, it is only "holding"; because the condition of "having" cannot be met, This crime cannot be constituted, and may constitute the crime of harboring stolen goods depending on the circumstances. "Transportation" is the spatial positional movement of the behavioral object by the actor. This includes not only transporting counterfeit credit cards from outside the country (territory) into the country (territory), but also including movement within the country (territory). The transportation of credit cards from one place to another through various methods is transportation. Here and there are not purely physical distances and displacements, but should be judged based on people's general concepts and the distance between a certain administrative area. The object of holding and transporting is a credit card that has been forged by others or a blank credit card that will be used by others to commit the crime of forging credit cards. Possessing and transporting counterfeit blank credit cards are quantity crimes and must meet the standard of "large quantity".

Legal basis: "The People's Republic of China and the Civil Code"

Article 148: One party uses fraudulent means to cause the other party to act against its true intention For civil legal acts, the party who was defrauded has the right to request the people's court or arbitration institution to cancel it.

Article 149: If a third party commits a fraudulent act, causing one party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people's court or arbitration institution to revoke it.

Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people's court or arbitration institution to cancel it. .

"Criminal Law of the People's Republic of China"

Article 192: Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be punished with a three-year fine If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

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.

Article 266: Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, Those who commit crimes 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, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated. If this law provides otherwise, the provisions shall prevail.