1. What are the constitutive elements of the crime of credit card fraud?

1, suspected of credit card fraud, with a relatively large amount, 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.

2. 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan.

3. If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated of property.

The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. Common fraud methods include short message telling "friendly" guidance, telephone contact asking for passwords, forging websites to lure people into cheating, creating the illusion that credit cards have been swallowed, and playing a double-reed instant switch.

The crime of credit card fraud can only be intentional subjectively, and it must have the purpose of illegally occupying public and private property. If the perpetrator has no intention of fraud, even if he has obtained property in violation of the relevant regulations on credit card management, he cannot be punished as a crime. If you don't know that it is a forged or invalid credit card, you can use it, overdraw in good faith, and use someone else's credit card fraudulently. And can't be punished as a crime.

2. What should I do if my credit card is not repaid to the bank?

For those who owe their credit cards and are unable to repay them, the issuing bank will naturally send text messages and call each other from time to time for dunning, and the overdue situation will be reported to the central bank's credit information system by the bank, leaving a bad record in the cardholder's credit information report. The bank will charge a penalty interest every day until the cardholder pays off all debts.

However, if the cardholder fails to repay the loan for a long time, the bank will not respond to repeated reminders, or even contact anyone. In addition, the amount of arrears is relatively large, and the bank is likely to file a lawsuit with the court to let the cardholder repay through legal channels.

If the cardholder fails to repay the loan within the time limit after the judgment of the court, the court may enforce it, freeze the property under his name, deduct the funds in the bank card under his name to pay off the arrears, or seal up or auction the assets and repay them with the proceeds.

If the court also finds that the cardholder actually has the ability to perform and deliberately fails to perform the repayment obligation, it is estimated that the cardholder will be included in the list of untrustworthy people.

There are two kinds of punishment opinions on credit card fraud. If the cardholder fails to return the credit card within the time limit, the bank will collect it. There are three credit card limits, one is fixed, the other is temporary and the last is exclusive. After the credit card is repaid, the line can be restored immediately. The special quota is special and enjoyed by high-quality cardholders, including consumption installment quota and cash installment quota.