The sentencing standard for the crime of credit card fraud is: Those who commit the crime of credit card fraud and the amount is more than 5,000 yuan and less than 50,000 yuan shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to a fine of not less than 20,000 yuan but not more than 200,000 yuan. fine. If the amount is more than 50,000 yuan but less than 500,000 yuan, and if advanced technical means are used for counterfeiting and then used, the person 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.
1. What are the standards for registering a credit card fraud case and how to impose a sentence
1. Using forged credit cards, fraudulently obtaining credit cards with false identity documents, invalid credit cards or fraudulently using other people’s credit cards , commit credit card fraud, the amount is between 5,000 yuan and less than 50,000 yuan; the cardholder exceeds the prescribed limit or overdrafts within the time limit for the purpose of illegal possession, and fails to return the card for more than three months after two effective collections by the card-issuing bank. The offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined from RMB 20,000 to RMB 200,000.
2. Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing the Management of Credit Cards"
Article 5: Using counterfeit credit cards, Anyone who uses a false identity card to fraudulently obtain a credit card, a voided credit card, or uses another person's credit card to commit credit card fraud, with an amount of more than RMB 5,000 but less than RMB 50,000, shall be deemed to be a "person" as stipulated in Article 196 of the Criminal Law. "The amount is relatively large"; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed to be a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed to be "a huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed as Article 196 of the Criminal Law The “extremely huge amount” stipulated in Article 196.
The term "false use of other people's credit cards" as mentioned in Item 3 of Article 196, Paragraph 1, of the Criminal Law includes the following situations: finding other people's credit cards and using them.
2. What are the methods of credit card fraud?
1. Use forged credit cards to commit fraud. The so-called use includes various services such as purchasing goods with a credit card, withdrawing cash from banks or ATMs, and accepting credit cards for payment and settlement. That is, credit cards created using various illegal methods. For counterfeit credit cards, some are used by the counterfeiters themselves to carry out fraudulent activities, while others are sold or given to others by the counterfeiters, who then use them to carry out fraudulent activities. Whether it is used by oneself or by others, for the user, it is a situation of "using a counterfeit credit card". The use of counterfeit credit cards, whether to make purchases or receive various paid services, is fraudulent in nature.
2. Use invalid credit cards to commit fraud. The so-called invalidated credit card refers to the use of a credit card that has become invalid due to legal reasons. According to relevant regulations, the main types of invalidated credit cards are as follows:
(1) The credit card expires automatically after its effective use period. Depending on the card-issuing bank and the type of credit card, the valid period of use of the credit card also varies, ranging from one year, two years, three years or longer. If you no longer use a credit card after the effective period of use or if you still need to continue using it and go through the card replacement procedures, you should return the expired credit card to the issuing bank or card issuing company.
(2) The credit card holder stops using the card partway through the validity period. At this time, although the validity period of the credit card has not expired, it will be invalid after the card return procedure is completed.
(3) The credit card becomes invalid due to reporting the loss of the credit card.
3. Pretend to use other people’s credit cards to commit fraud. The so-called fraudulent use of another person's credit card refers to the act of a non-cardholder using the cardholder's credit card in the name of the cardholder to defraud property. For example, using a found credit card; using a credit card kept for the cardholder to make purchases without the cardholder’s consent, etc.
4. Use credit cards to make malicious overdrafts. A credit card overdraft means that when the cardholder has insufficient funds or no funds in the credit card account of the card-issuing bank, the cardholder can still use the credit card for consumption with the approval of the bank.
A credit card overdraft is essentially a consumer credit provided by the bank to the cardholder, which allows the cardholder to make purchases first if the funds are insufficient, and then the cardholder will replenish the funds later and pay a certain amount of interest as required. In my country, all card-issuing banks generally stipulate that cardholders are allowed to make short-term good faith overdrafts within a certain limit. In practice, some criminals take advantage of the overdraft feature of bank credit cards for the purpose of illegal possession. They still fail to return the overdraft after being called by the card-issuing bank, or abscond and conceal their identity after a large overdraft to evade repayment responsibilities. This behavior is called This is the so-called fraud crime of using credit cards to maliciously overdraft.
I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.
Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"
If one of the following circumstances occurs and the amount of credit card fraud is relatively large, 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 a forged credit card, 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 ;
(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 steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.