(1) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate. Use, including shopping by credit card and accepting paid services by credit card. Forged credit cards here should be understood in a broad sense, including altered credit cards, whether forged by the user himself or others, will not affect the establishment of this crime. Giving a forged credit card to others to entrust them to withdraw money on their behalf, but concealing the fact that the credit card is forged, constitutes an indirect principal offender of credit card fraud.
(2) using an invalid credit card. Invalid credit cards refer to credit cards that are invalid due to legal reasons, including credit cards that are automatically invalid due to exceeding the validity period, credit cards that the cardholder stops using and returns to the issuing bank within the validity period of the credit card, and credit cards that are invalid due to loss reporting.
(3) fraudulently using another person's credit card. The credit card must be used by the cardholder himself and cannot be lent or transferred. Fraudulent use of someone else's credit card refers to the act of pretending to be a legitimate cardholder and using the credit card through bank employees or cashiers in shopping malls (special merchants), which causes the cardholder's funds to suffer losses. As for whether the fraudulently used credit card is entrusted by others or obtained by deception, pickup and other means. I don't ask. Steal, buy, cheat or obtain other people's credit card information by other illegal means, and use it through the Internet, communication terminals, etc. , but also fraudulent use of other people's credit cards. The act of using a credit card as a legitimate holder after effectively reporting the loss, which brings economic losses to a special store or issuing bank, belongs to using an invalid credit card instead of others.
(4) malicious overdraft. Overdraft refers to the customer's behavior of using more than the amount of funds in his account with the approval of the bank when there is no or insufficient funds in his bank account. After the cardholder overdraws, he must make up the funds within a time limit and pay interest according to the regulations. If the cardholder uses the credit card within the overdraft limit or within the approved limit, he will immediately replenish the funds and repay the overdraft principal and interest, which is a goodwill overdraft. Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Second, credit card fraud:
1, credit card fraud forged credit cards
The so-called forged credit card refers to the credit card made by imitating the texture, pattern, block, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards.
2. Credit card fraud uses invalid credit cards.
Invalid credit cards refer to expired credit cards, invalid credit cards, credit cards declared invalid according to laws and relevant regulations, credit cards that the cardholder stops using and returns to the issuing bank within the validity period of the credit card, and credit cards that are invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of loss reporting or cancellation, but one number on the card was flattened, and then another new number was pressed to escape the blacklist search. Therefore, the altered card is also a fake card.
3. Credit card fraud is fraudulently used by others.
Fraudulent use refers to the behavior that a non-cardholder uses the cardholder's credit card to defraud property in the name of the cardholder. According to China's regulations on the crime of credit card fraud, credit cards are only used by legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for thieves or thieves to use them falsely. After obtaining someone else's credit card, these thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the convenience of stop payment management, impersonate the identity of the card owner, imitate the signature of the card owner, and go shopping at credit card merchants or banks to withdraw money or enjoy services. These are several common cases of fraudulent use of other people's credit cards.
4. Credit card fraud and malicious overdraft
Overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when there is no funds or insufficient funds in the accounts. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who exceed the prescribed limit or overdraw within the prescribed time limit for the purpose of illegal possession, and refuse to return it after being urged by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior.
According to the criminal law, in addition to one of the above four acts, the actor must also have a large amount of elements. If the amount is not large, even if the above acts are committed, they are illegal and do not constitute a crime. As for what is "a large amount", there is no clear judicial interpretation at present. However, according to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases", a large amount of personal fraud refers to more than 5,000 yuan. The starting point of a large amount of credit card fraud can refer to this regulation, and it is appropriate to use 5,000 yuan.
3. Can I surrender my credit card to the Public Security Bureau?
Credit card arrears are not necessarily suspected of crime. Only credit card fraud can constitute credit card fraud. Anyone suspected of committing a crime should be given a lighter punishment or exempted from punishment. Malicious overdraft of credit card 1 10,000 yuan, and the cardholder fails to return it for more than 3 months for the purpose of illegal possession, shall be investigated for criminal responsibility for credit card fraud.
The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. 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 overdraft.
Legal basis:
Article 266 of the Criminal Law of People's Republic of China (PRC)
If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall 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.