Legal analysis: The identification criteria for the crime of obstructing credit card management: 1. Object elements: The object of the infringement is the country’s credit card management system; 2. Objective elements: The objective aspect is the behavior of obstructing credit card management; 3. Subject requirements: The criminal subject is a general subject. The unit cannot be the subject of this crime; 4. Subjective elements: The subjective aspect is intentional and generally has the purpose of seeking illegal benefits.
Legal basis: Article 177 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who obstructs the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A single fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than RMB 20,000 but not more than RMB 200,000:
(1) Knowingly holding and transporting counterfeit credit cards, or knowingly holding and transporting forged blank credit cards in large quantities;
(2) Illegally holding other people’s credit cards, A large amount;
(3) Using false identity certificates to fraudulently obtain credit cards;
(4) Selling, buying, or providing others with forged credit cards or using false identities Prove that the credit card was fraudulently obtained.
The crime of stealing, bribing, or illegally providing credit card information. Anyone who steals, bribes, or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.
Any employee of a bank or other financial institution who takes advantage of his position to commit the crime in Paragraph 2 shall be severely punished.