Picking up a credit card and then using it to withdraw cash from an ATM is a credit card++crime.
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:
The use of forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards for credit card++activities, with an amount of 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++crime. After the incident, Li fully compensated the victim for his economic losses.
++The trial held that Li, the defendant, took away RMB 10000 from others through the ATM after picking up other people's credit cards, which was his own, and his behavior had violated China's criminal law and constituted the crime of credit card++.
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++and was sentenced to++six months, 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++judgment.
Baidu Encyclopedia —— Some Issues on the Specific Application of Law in Criminal Cases of Impairment of Credit Card Management
Is it a crime to pick up a credit card to withdraw money?
Count. China's criminal law has clear provisions on this situation. Article 196 of the Criminal Law stipulates that anyone who reaches a certain amount and fraudulently uses another person's credit card shall be investigated for criminal responsibility for the crime of credit card++. Picking up someone else's credit card and using it belongs to the situation of fraudulently using someone else's credit card. This kind of behavior conforms to the situation of "fraudulent use" in criminal law, which not only causes property losses of others, violates the regulations on credit card management, but also destroys the normal economic order and objectively causes social harm. Therefore, picking up someone else's credit card and using it may constitute a criminal offence.
Someone has lost their credit card. Can they swipe it?
Yes
In China, you can't swipe your credit card if it is lost, but there is a risk of being stolen after it is lost, because many foreign websites can complete the payment without entering the transaction password when using the credit card to complete the transaction.
If the credit card is a non-flash payment card and a password is set, it is impossible to swipe the card in China unless the password is cracked. However, some Haitao websites can spend as long as they know the credit card++,expiration date, security code and other information, even if they don't know the password.
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Precautions:
When a credit card is lost, it must be reported as soon as possible. Especially nowadays, many flash credit cards, even if they have passwords, are easily stolen by default.
There are two ways to report the loss of credit cards: temporary loss reporting and formal loss reporting. The card will not be reissued until it is officially reported. If the loss is reported temporarily, it will be cancelled automatically.
Many banks do not charge a replacement fee for reporting the loss of their credit cards. After the credit card is officially replaced, the expenses will be directly deducted from the credit card account, and repayment will be required on time. The cost is generally about one card in 50 yuan, and special technology credit cards have to pay extra.
Baidu encyclopedia-credit card
People's Daily Online-Credit card stolen "owed" 70,000++sentenced 12 yuan.
If someone loses my credit card, can I use it?
I can't. The credit card must be activated before it can be used. Without activation, the card doesn't even have a password, and it can't be used even if it is found by others. And if it is activated, although there are many activation methods, it can only be activated if the user passes the verification. Others cannot be activated without knowing the user's ID number and mobile phone number.
Once you find that your credit card is lost, you'd better apply to the bank for loss reporting as soon as possible to avoid theft.
Credit card is a credit certificate issued by commercial banks or credit card companies to qualified consumers.
The form of credit card is a card with the name of the issuing bank, expiration date, number, cardholder's name and other contents printed on the front. Consumers with credit cards can go to specialized commercial service departments for shopping or spending, and then the bank will settle accounts with merchants and cardholders, and cardholders can overdraw within the prescribed limit.
Product category
Classification of institutions
(a) according to the different card issuers, it can be divided into bank cards and non-bank cards.
(1) bank card. This is a credit card issued by the bank. Cardholders can shop and spend money at the special merchants of the issuing bank, or they can withdraw cash at any time at the outlets of the issuing bank or at places with ATMs.
(2) Non-bank card. This kind of card can be divided into retail credit card and travel entertainment card. Retail credit cards are credit cards issued by commercial organizations, such as department stores and oil companies, which are specially used for shopping in designated stores or filling gas stations. , and settle accounts regularly. Travel and entertainment card is a credit card issued by airlines, travel companies and other service industries, which is used for ticket purchase, dining, accommodation, entertainment and so on.
(2) According to different card issuers, it can be divided into corporate cards and personal cards.
(1) company card. Company cards are issued to various industrial and commercial enterprises, scientific research and education institutions, state party and government organs, armed forces, organizations and other legal person organizations.
(2) Personal card. Personal cards are issued to individual urban and rural residents, including workers, cadres, teachers, scientific and technological workers, self-employed households and other adult urban and rural residents with stable income sources. The personal card is applied in the name of an individual and bears all the responsibilities for its use.
(3) According to the credit status of cardholders, it can be divided into ordinary cards and gold cards.
(1) ordinary card. Ordinary cards are issued to cardholders with average economic strength, credibility and status, and the requirements are not high.
(2) gold card. Gold card is an advanced credit card that pays a high membership fee and enjoys special treatment. Card issuers are institutions with high credit, strong repayment ability, credit or certain social status. The starting point of gold card authorization limit is higher, and the additional service items and scope are wider, so the requirements for related service fees and deposits are higher.
This is the end of the introduction about the credit card found and how to use it. I wonder if you found the information you need from it?