The details of applying for a credit card are as follows:
1. When applying for a credit card, it is not illegal if the agent obtains authorization from others in accordance with the law and the materials used to apply for the credit card are true;
2. If the agent uses false identification to defraud a credit card without obtaining authorization from others, and the amount of fraud is relatively large, it is illegal and this behavior may constitute the crime of credit card fraud. .
The constituent elements of the crime of credit card fraud are as follows:
1. The objects violated by the crime of credit card fraud are the credit card management system and the ownership of public and private property.
2. The objective aspect of the crime of credit card fraud is that the perpetrator uses credit cards to defraud public or private property by fabricating facts or concealing the truth.
3. The subject of the crime of credit card fraud is a general subject, and natural persons can become the criminal subject of the crime of credit card fraud.
4. The subjective aspect of the crime of credit card fraud is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property.
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 with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to 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) Using it fraudulently Others’ credit cards;
(4) Malicious overdrafts.
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 for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.