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How to sentence a MLM credit card gang for defrauding more than 300,000 yuan

1. How to sentence a pyramid scheme credit card gang that defrauds more than 300,000 yuan

1. A pyramid scheme credit card gang that defrauds more than 300,000 yuan is a huge amount and shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. In actual sentencing, whether the suspect has the circumstances and attitude to surrender will be considered, and the court will impose specific penalties based on the actual circumstances of the crime.

2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(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 other people’s credit cards;

(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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

2. What are the constituent elements of the crime of credit card fraud

The constituent elements of the crime of credit card fraud are as follows:

1. The object of the infringement is the credit card management system and the public and private Property ownership;

2. The objective aspect is that the actor uses credit cards to defraud public and private property by fabricating facts or concealing the truth;

3. The subject is a general subject, a natural person Can become the criminal subject of this crime;

4. The subjective aspect is intentional, and it is direct intentional. The perpetrator must also have the subjective purpose of illegally possessing public and private property.