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What constitutes fraud by impersonating someone else’s credit card?

False use of other people’s credit cards includes the following situations: 1. Finding other people’s credit cards and using them. 2. Fraudulently obtain other people’s credit cards and use them. 3. Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc. 4. Other situations of fraudulently using other people’s credit cards. Article 196 of the Criminal Law stipulates the crime of credit card fraud, and the third statutory circumstance is the fraudulent use of another person's credit card. The act of fraudulently using other people's credit cards violates the credit card management system and other people's property ownership and is subject to legal sanctions. So what are the specific acts of fraudulent use of other people's credit cards? Next, I will answer this question in detail for you.

1. What are the acts of fraudulent use of other people’s credit cards? 1. “False use of other people’s credit cards” as mentioned in Item (3) of Article 196, Paragraph 1, of the Criminal Law includes the following situations: : (1) Found someone else’s credit card and used it; (2) Fraudulently obtained someone else’s credit card and used it; (3) Stealed, bribed, defrauded or obtained other people’s credit card information through other illegal means, and used it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people’s credit cards. 2. To fraudulently use another person’s credit card, the perpetrator must have the purpose of illegal possession, which will be different from formal fraudulent use such as borrowing the credit card of a relative or friend. 3. Pretending to use other people’s credit cards only refers to using other people’s legitimate credit cards, and does not include counterfeit or invalid credit cards. If the perpetrator knowingly uses a forged or invalid credit card, it shall be deemed as the use of a forged or invalid credit card. 4. Fraudulent use of credit cards is not limited to “holding the card”, but can also be used without a card. For example, some financial institutions have set up credit card online accounts on the Internet, and credit card users can conduct e-commerce and make online payments. In order to protect the security of users' credit card information, the online financial settlement system sets a special password for each user's credit card. Prevent credit card information from being maliciously stolen and used by others. Although this measure enhances the confidentiality of the user's credit card information, the password itself may also be used fraudulently or deciphered. The actor obtains other people's credit card information through the cracked password and then takes possession of other people's property. This is essentially a fraudulent act of impersonating another person's identity. . Therefore, anyone who uses user passwords for online credit card payments and illegally possesses other people's property should also be classified as credit card fraud.

2. What are the penalties for fraudulently using other people’s credit cards? Fraudulent use of other people’s credit cards will violate the crime of credit card fraud and 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; if the amount is huge or If there are other serious circumstances, he 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; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years or to life imprisonment. In addition, a fine of not less than 50,000 yuan but not more than 500,000 yuan may be imposed, or property may be confiscated. The so-called serious circumstances mean that the amount of fraud is huge or there are other serious circumstances. The amount here is huge. According to relevant judicial interpretations, it refers to fraud of more than 50,000 yuan. As for other serious circumstances, it mainly refers to those who use advanced technical means to forge and then use them; the ringleader of a criminal group that uses credit cards to commit fraud; those who use credit cards multiple times to commit fraud and refuse to change; those who have caused huge losses to other people's public and private property due to their fraudulent behavior losses; behaviors that cause adverse effects due to their actions, etc. The so-called particularly serious circumstances refer to particularly huge amounts of fraud and other particularly serious circumstances. The starting point for a particularly large amount is 500,000 yuan according to relevant judicial interpretations. As for other particularly serious circumstances, it mainly refers to those who use credit cards to commit fraud crimes as a regular business; those who are recidivists, habitual offenders or repeat offenders; those who have multiple serious circumstances; those whose fraudulent activities cause particularly serious economic losses to others. or other particularly serious consequences; using defrauded property to commit other serious criminal offenses, causing particularly bad consequences due to their actions, etc.

In practice, the act of fraudulently using other people's credit cards will constitute the crime of credit card fraud, and the maximum penalty for credit card fraud is life imprisonment, so you must be cautious about your behavior, especially the behavior of fraudulently using other people's credit cards through online media. Once you are involved in a crime, it is best to turn to a professional criminal defense lawyer to help you correctly apply the evidence and the law and protect your legitimate rights and interests to the greatest extent. As for what constitutes fraud by impersonating someone else’s credit card, we have already introduced it above. I hope it can provide you with some help.