The purpose of illegal possession is not clearly stipulated in the indictment of this crime, but it is stipulated in other types of fraud (such as fund-raising fraud and contract fraud). This legislative treatment has caused differences to some extent. Some people think that we should strictly follow the requirements of a legally prescribed punishment for a crime. The criminal law clearly stipulates the purpose, which is an essential element; Otherwise, it is not.
Extended data:
The constitutive elements of the crime of credit card fraud are as follows:
1, the object of this crime is the credit card management system and the ownership of public and private property.
2. The objective aspect of this crime is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors.
Baidu encyclopedia-credit card fraud