People involved in card disconnection may constitute telecom fraud. The Ministry of Public Security and other departments are determined to "eradicate the roots" in this "card-breaking" operation. Bank card crime is the "accomplice" of cyber crime and financial crime, which is intertwined with various crimes and complicated. How to clarify the crime and non-crime, this crime and that crime of bank card crime, and correctly understand the fundamental nature of the preparatory behavior and helping behavior of committing crimes have become the key points for judicial practitioners to correctly apply criminal law and run such criminal cases well.
The crime of bank card mainly includes the crime of forging credit card, altering financial ticket, obstructing credit card management, theft, buying, illegally providing credit card information, credit card fraud and so on. The standard of card breaking punishment is illegal sales of calling cards, bank cards and telecommunication network fraud. On June 65438+1October 65438+20201October, the Inter-Ministerial Joint Conference on Combating and Governing New Types of Crimes in Telecommunication Networks in the State Council deployed a "card-breaking" action with the main content of cracking down, governing and punishing criminal gangs that started and sold "two certificates". Because the current telecommunication network fraud continues to be high, it is closely related to the "real name dummy" of telephone cards and bank cards.
One, suspected of one of the following circumstances, should be filed for prosecution:
(a) Intentionally holding and transporting forged credit cards;
(2) Holding or transporting more than ten forged blank credit cards;
(3) illegally holding other people's credit cards, with a total number of more than five;
(four) using false identification to defraud credit cards;
Second, the card-breaking action, what should we do:
1. The student ID card is lost, and the previous calling card or bank card is abnormal, which should be handled in time. Once the "card cut-off" action is fully implemented, all cards or businesses under its name may be suspended if one card is involved.
2. You can't open a bank account by using someone else's identity or fictitious agency relationship.
3. If you find personal information disclosure or related crimes, call the police in time.
4. Personal information such as personal bank cards, telephone cards and ID cards shall not be rented, sold or lent.
legal ground
Criminal law of the people's Republic of China
Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.