According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities.

Performance behavior

Specifically manifested in the following behaviors:

Counterfeit credit card

The so-called counterfeit credit card refers to a credit card that imitates a credit card. Credit cards made of texture, pattern, section, pattern and magnetic stripe password. The so-called use refers to the act of using a forged credit card to defraud other people's property for the purpose of illegally possessing other people's property. This includes using counterfeit credit cards to purchase goods, withdraw cash, and use counterfeit credit cards to receive various services.

Use an invalidated credit card

An invalidated credit card refers to an expired credit card, an invalid credit card, a credit card that has been declared invalid according to law, and a card holder that can no longer be used in accordance with laws and relevant regulations. Credit cards that a person stops using midway through the validity period of the credit card and returns it to the issuing bank, as well as credit cards that become invalid due to reported loss. In addition, using an expired credit card also includes using an altered card. The so-called altered cards refer to invalid credit cards whose card numbers have been altered. These credit cards themselves were put on the stop payment list due to loss or cancellation, but a certain number on the card was flattened and then a new number was added to avoid blacklist retrieval. Therefore, altered cards are also a type of counterfeit cards.

Impersonation of others

Impersonation refers to the act of a non-cardholder using the cardholder's credit card in the name of the cardholder to defraud property. According to my country's regulations on credit cards, credit cards are limited to the legal cardholder's personal use and may not be lent or transferred. This is also a principle generally followed by all countries. However, if the credit card and ID card are put together and lost at the same time, it may create opportunities for the finder or thief to use them fraudulently. After obtaining other people's credit cards, these losers or thieves may take advantage of the time lag in stop payment management before the card holder notices the loss, pretending to be the card owner's identity and imitating the card owner's signature, and go to credit card authorized merchants or merchants. Bank purchases, withdrawals, or services are some of the common situations in which people fraudulently use other people’s credit cards to commit fraud.

Malicious overdraft

Overdraft means that when a customer who has an account with a bank has no funds or insufficient funds in the account, the customer is allowed to use more than the funds on his account with the approval of the bank. The act of spending money within the limit. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of a credit card holder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and fails to return the credit card after being called by the card-issuing bank. The essential difference between a bona fide overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debt.

According to the provisions of the Criminal Law, in addition to committing one of the above four acts, the perpetrator must also meet the requirements of a relatively large amount. If the amount is not large, even the above behavior is illegal and does not constitute a crime. As for what constitutes a “large amount”, there is currently no clear judicial interpretation. However, according to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, larger amounts of personal fraud refer to more than 5,000 yuan. The starting point for a larger amount of credit card fraud can be based on this provision and is preferably 5,000 yuan.

Malicious overdraft

The so-called overdraft means that when the cardholder has no funds or insufficient funds in the card-issuing bank account, the cardholder is allowed to exceed the limit according to the card-issuing agreement or with the approval of the bank. The act of withdrawing cash from the existing fund limit or making purchases with a card.

Malicious overdrafts can be divided into general illegal malicious overdrafts and criminal malicious overdrafts. Generally illegal malicious overdraft refers to the behavior of the perpetrator who deliberately violates the credit card terms and agreements for the purpose of illegal possession and fails to repay the credit card after the due date, but the amount of fraud is relatively small.

Generally illegal malicious overdrafts are administrative violations and should bear corresponding administrative and civil liabilities. Since they are less harmful to society, they do not constitute a crime. Criminal malicious overdraft refers to the behavior of the cardholder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and refuses to return the card after being called by the card-issuing bank.

First, if an overdraft exceeds the prescribed limit and is not repaid after collection, this is called a criminal malicious overdraft that exceeds the limit. The so-called overdraft limit refers to the maximum limit that a cardholder can use that exceeds his or her actual deposit balance specified by the card-issuing bank, including a single overdraft limit and a monthly cumulative overdraft limit. If the overdraft exceeds the limit, the issuing bank can collect the payment at any time. According to the spirit of the 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases", "non-return" means "failure to return within 3 months from the date of receipt of the collection notice from the issuing bank"; if the behavior If a person voluntarily returns the overdraft without being called for collection or returns the overdraft amount after being called for collection, it will not be treated as a crime. It will constitute an improper overdraft and bear corresponding civil liability.

The other is an overdraft that exceeds the prescribed time limit and is not repaid after collection, this is called a criminal malicious overdraft that exceeds the time limit. The "Bank Card Business Management Measures" stipulate that the maximum overdraft period for quasi-credit cards is 60 days, and some card issuing banks have regulations of 1 month. If the overdraft amount does not exceed the limit, but exceeds the above period and is not returned after being called by the card issuer, it constitutes a crime. The time limit for the perpetrator to return the money after collection is 3 months. If the perpetrator voluntarily returns the overdraft without collection or returns the overdraft after collection, it will not be treated as a crime, but will constitute an improper overdraft and bear corresponding civil liability.

Criminal Law Article 196: Whoever commits credit card fraud under any of the following circumstances and the amount is relatively large 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 less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 a fine of 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, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment 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.

Article 1. Copying other people’s credit cards, writing other people’s credit card information into magnetic stripe media or chips, or using other methods to forge more than one credit card shall be deemed as Article 177.1 of the Criminal Law. The "counterfeit credit card" specified in Item (4) of this paragraph shall be convicted and punished for the crime of counterfeiting financial instruments.

Anyone who forges more than 10 blank credit cards shall be deemed as a "counterfeit credit card" as specified in Item (4) of Article 177, Paragraph 1, of the Criminal Law, and shall be convicted and punished for the crime of forging financial instruments.

If any of the following circumstances applies to forging credit cards, it shall be deemed as a "serious circumstance" as stipulated in Article 177 of the Criminal Law:

(1) Forging more than 5 credit cards Less than 25; (2) The deposit balance and overdraft limit in the forged credit card, individually or in total, is more than 200,000 yuan but less than 1 million yuan;

(3) Forgery There are more than 50 but less than 250 blank credit cards;

(4) Other serious circumstances.

Any person who forges credit cards under any of the following circumstances shall be deemed to be a "particularly serious case" as stipulated in Article 177 of the Criminal Law:

(1) Counterfeiting 25 credit cards The above;

(2) The deposit balance and overdraft limit in the forged credit card, individually or in total, are more than 1 million yuan;

(3) The forged blank credit cards are more than 250 ;

(4) Other particularly serious circumstances.

The "deposit balance and overdraft limit in the credit card" referred to in this article are calculated based on the maximum deposit balance and overdraft limit recorded by the issuing bank after the credit card was forged.

Article 2 Whoever holds and transports more than 10 but less than 100 blank credit cards knowing that they are counterfeit shall be deemed to be guilty of Article 177-1, Paragraph 1, Item (1) of the Criminal Law. The "large quantity" specified in the provisions; anyone who illegally holds more than 5 but less than 50 credit cards of others shall be deemed as the "large quantity" specified in Item (2) of Article 177-1, Paragraph 1, of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed to be a "huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law:

(1) Knowingly knowing that it is forgery Holding and transporting more than 10 credit cards;

(2) Holding and transporting more than 100 blank credit cards knowing that they are counterfeit;

(3) Illegal possession Having more than 50 credit cards from others;

(4) Using false identity certificates to fraudulently obtain more than 10 credit cards;

(5) Selling, buying, or providing forged credit cards to others Credit cards or more than 10 credit cards fraudulently obtained with false identification.

Using other people’s ID cards, military officer ID cards, soldier ID cards, Mainland Travel Permits for Hong Kong and Macao residents, Mainland Travel Permits for Taiwan residents, passports and other identity documents to apply for credit cards against other people’s wishes, or using forged or altered documents If a person applies for a credit card using a false identity certificate, it shall be deemed as "using a false identity certificate to fraudulently obtain a credit card" as stipulated in Article 177-1, Item (3) of the Criminal Law.

Article 3 Stealing, buying, or illegally providing other people’s credit card information is enough to forge a credit card that can be used for transactions, or is enough to enable others to conduct transactions in the name of the credit card holder, involving more than 1 but less than 5 credit cards. According to the provisions of Paragraph 2 of Article 177-1 of the Criminal Law, he shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information; if more than 5 credit cards are involved, it shall be deemed as Article 177 of the Criminal Law. The “huge quantity” stipulated in the first paragraph of one.

Article 4: Produce and provide false credit certification materials such as property status, income, position, etc. for credit card applicants, involving the forgery, alteration, or sale of official documents, certificates, and seals of state agencies, or the forgery of companies, The seals of enterprises, institutions, and people's organizations that should be investigated for criminal liability shall be charged with forging, altering, and buying and selling official documents, certificates, and seals of state agencies and forging companies, enterprises, and institutions in accordance with the provisions of Article 280 of the Criminal Law. , conviction and punishment for the crime of sealing of people's organizations.

Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held accountable Those found guilty of criminal liability shall, in accordance with the provisions of Article 229 of the Criminal Law, be convicted and punished for the crime of providing false certification documents and the crime of issuing materially inaccurate certification documents.

Article 5: Use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely use other people’s credit cards to conduct credit card fraud, with the amount exceeding 5,000 yuan and less than 50,000 yuan. It should be determined as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount exceeds 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The term "false use of other people's credit cards" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) Lost other people's credit cards and Use;

(2) Defraud other people’s credit cards and use them;

(3) Steal, bribe, defraud or obtain other people’s credit card information through other illegal means, and use it through the Internet, Used by communication terminals, etc.;

(4) Other situations of fraudulent use of other people’s credit cards.

Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be the first violation of the criminal law. "Malicious overdraft" as stipulated in Article 196.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and escape after overdrafting Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Article 7 Violates national regulations by using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., and the circumstances are serious , should be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law.