According to Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management:
Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to engage in credit card fraud activities, the amount of which is more than 5,000 yuan but less than 50,000 yuan, shall be deemed 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 shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
"Fraudulent use of another person's credit card" as mentioned in Item 3, Paragraph 1, Article 196 of the Criminal Law includes the following situations:
(1) Picking up other people's credit cards and using them;
(2) defrauding others of their credit cards and using them;
(three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ;
(four) other circumstances of fraudulent use of other people's credit cards.
Extended data
Case:
18 At about 23 o'clock on September, the defendant Li found a plastic self-sealed bag in front of a hotel in Tengyue Town, Tengchong City, which contained a credit card of the credit union and a note with a password.
Defendant Li immediately took the card to the ATM of a rural credit cooperative union in Tengyue Town to withdraw a total of RMB 9,000 in three times, and then to the ATM of an industrial and commercial bank in Tengyue Town to withdraw RMB 1 0,000, and then discarded the credit card and the note with the password and left.
After receiving the bank withdrawal reminder message, the victim reported the case in time. Finally, Li Yin was arrested on suspicion of credit card fraud. After the incident, Li fully compensated the victim for his economic losses.
The court held that after the defendant Li picked up someone else's credit card, he took away someone else's RMB 10000 yuan through the ATM and owned it by himself, which violated China's criminal law and constituted the crime of credit card fraud.
The defendant Li 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 more than 200,000 yuan. Defendant Li confessed his criminal facts truthfully after he was brought to justice, which was a confession and could be given a lighter punishment. After investigation and evaluation, the application of probation to the defendant Li has no significant adverse effects on the community where he lives and can be suspended.
According to the provisions of Article 196, Paragraph 1, Item 3, Article 67, Paragraph 3 and Article 72 of the Criminal Law of People's Republic of China (PRC), Li committed the crime of credit card fraud and was sentenced to six months' imprisonment, suspended for one year and fined RMB 20,000. After the verdict was pronounced, Li paid a fine of RMB 20,000 and said that he would obey the court's decision.
Baidu Encyclopedia —— Some Issues on the Specific Application of Law in Criminal Cases of Impairment of Credit Card Management