In today's society, the safety of personal property has attracted more and more attention from the general public. Among them, many criminals are opportunistic and use credit card fraud to steal consumers' money. At the same time, the parties concerned should promptly file a lawsuit and bring the offenders to justice. So, how to defend against credit card fraud? You can find a lawyer to defend you and hold the credit card fraudsters legally responsible. Credit card fraud refers to the act of using credit cards to conduct fraudulent activities and defraud larger amounts of property. The subject of this crime is a general subject. Any natural person who is over 16 years old and has the capacity for criminal responsibility can become the subject of this crime. 1. Basic concepts The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities and defraud larger amounts of property. The subject of this crime is a general subject. Any natural person who is over 16 years old and has the capacity for criminal responsibility can become the subject of this crime. The subjective aspect is intentionality. A malicious overdraft must have the intention of illegal possession. The objects infringed by this crime are the state's supervision and management order of credit cards and public and private property. Objectively, it represents the use of credit cards to conduct fraudulent activities and defraud larger amounts of property. 2. Several issues that need attention (1) Using credit cards to engage in fraudulent activities. According to Article 196 of the Criminal Law, using credit cards to engage in fraudulent activities includes the following situations: using forged credit cards, or using false identity certificates to defraud money. credit card; using an expired credit card; fraudulently using someone else’s credit card; malicious overdraft behavior. Fraudulent use of other people's credit cards includes the following situations: finding other people's credit cards and using them; defrauding other people's credit cards and using them; stealing, buying, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; others The situation of fraudulently using someone else’s credit card. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to repay the card for more than 3 months after being called upon twice. Anyone who has one of the following circumstances shall be deemed to have the purpose of illegal possession: overdrafting a large amount of money knowing that he has no ability to repay and unable to return it; squandering overdraft funds wantonly and unable to return them; escaping after overdrafting, changing contact information, and evading bank collection escaping or transferring funds, concealing property, and evading repayment; using overdraft funds to carry out illegal and criminal activities; other illegal possession of funds and refusal to return them. (2) Stealing a credit card and using it. According to Article 196 of the Criminal Law and relevant judicial interpretations, anyone who steals a credit card and uses it will be convicted and punished for the crime of theft. The amount of theft should be determined based on the amount used by the perpetrator after stealing the credit card. (3) Special circumstances that do not constitute the crime of credit card fraud. The subjective component of this crime should be "knowingly", such as knowingly using a counterfeit credit card, knowingly using a invalid credit card, etc. "Not knowingly" or receiving If you take advantage of the situation and violate the provisions of this crime, because you do not have the intention to defraud, you cannot constitute the crime of credit card fraud. Only those who commit credit card fraud with a relatively large amount stipulated by law constitute this crime; those who do not meet the standard stipulated by law will generally not be convicted and punished for credit card fraud. 3. Main crimes that are easily confused (1) The crime of credit card fraud and the crime of forging and altering financial instruments. The former infringes upon the state’s supervision and management order of credit cards and public and private property, while the latter infringes upon the state’s supervision and management order of financial instruments. Objectively speaking, the former manifests itself in the use of credit cards to conduct fraudulent activities and defraud large amounts of property; while the latter manifests itself in violations of the regulatory order of financial instruments and the act of forging and altering various financial instruments. The problem is that forging a credit card constitutes the crime of forging financial instruments. If you forge a credit card and use it, how will you be convicted and punished? If you forge a credit card yourself and use the forged credit card, it should generally constitute a crime of credit card fraud. For example, in the "Ruan Credit Card Fraud Case" in Baoshan City, Yunnan Province [①], Ruan and four other people installed equipment on an ATM machine to steal other people's credit card information, and used multiple forged fake credit cards to withdraw the victim's funds of more than 600,000 yuan. Ruan was therefore sentenced to 15 years in prison and fined 200,000 yuan by the People's Court in the first instance. It should be pointed out that using forged credit cards to commit fraud only constitutes a crime if the amount reaches 5,000 yuan; and forging only one credit card constitutes the crime of forging financial instruments. Therefore, if a forged credit card is used and used, it does not meet the prosecution standards for credit card fraud. Convicted and punished for forging financial instruments.

(2) The crime of credit card fraud and the crime of obstructing credit card management. The object of the former's infringement is the state's supervision and management order of credit cards and public and private property, while the object of the latter's infringement is the state's supervision and management order of financial instruments. Objectively speaking, the former manifests itself in the use of credit cards to conduct fraudulent activities and defraud large amounts of property; while the latter manifests itself in the deliberate obstruction of national credit card management during the issuance and use of credit cards. The problem is that if you know that it is a forged or someone else's credit card and use a false identity certificate to defraud the credit card, and then use the credit card to commit fraudulent activities, it is generally an implicated act, and you can choose a felony penalty, that is, be convicted and sentenced for credit card fraud. 4. Punishment (1) Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. Use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely use other people's credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan but less than 50,000 yuan; malicious overdraft amounts exceeding 10,000 yuan but less than 10 Ten thousand yuan shall be deemed to be a relatively large amount. (2) If the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. Using forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely using other people's credit cards to commit credit card fraud, with the amount exceeding 50,000 yuan but not more than 500,000 yuan; malicious overdrafts exceeding 100,000 yuan but not more than 500,000 yuan. One million yuan shall be deemed as a huge amount. (3) If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated. Those who use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely use other people's credit cards to commit credit card fraud, with an amount exceeding 500,000 yuan; those who maliciously overdraft more than 1 million yuan shall be deemed to be The amount is extremely huge. To sum up, how to defend against credit card fraud is divided into the above points. In the process of your defense, you should pay attention to the accuracy of your rhetoric and actions to ensure the effectiveness of the defense results. At the same time, the crimes involved in bank card fraud should be analyzed rationally and the charges should not be confused. If the offender commits the crime of fraud, he will bear corresponding legal liability depending on the seriousness of the situation.