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How to be sentenced for purchasing bank cards in 2022

How to be sentenced for buying bank cards in 2022 is as follows

1. What are the crimes of buying and selling bank card accounts

First of all, it violated the "Bank Card Business Management Measures". The Measures stipulate that bank cards and their accounts can only be used by cardholders approved by the card-issuing bank, and cannot be rented or lent.

Secondly, the process of buying and selling bank cards may be accompanied by illegal activities such as illegally holding a large number of bank cards, which is suspected of obstructing credit card management. Article 177-1 of the Criminal Law of the People's Republic of China stipulates that those who illegally hold other people's credit cards in large quantities; use false identity certificates to defraud credit cards; sell or buy counterfeit credit cards for others or use false Anyone who fraudulently obtains a credit card using his/her identity certificate shall be held criminally responsible in accordance with the law. Once convicted of this crime, the maximum penalty is not less than 3 years but not more than 10 years in prison, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

In addition, buying and selling bank cards may also involve the crime of selling resident identity cards. Article 17 of the "Resident Identity Card Law" stipulates that anyone who falsely uses another person's resident identity card or uses a fraudulently obtained resident identity card; whoever buys, sells, or uses a forged or altered resident identity card shall be investigated for criminal responsibility in accordance with the law.

2. Legal Basis for Punishment for Buying and Selling Other People’s Bank Cards

Article 177 of the Criminal Law of the People’s Republic of China: Under any of the following circumstances, hindering the management of credit cards , shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if the quantity is huge or there are other serious circumstances, the sentence shall be not less than three years but not more than 10 years of fixed-term imprisonment, and shall also be fined not less than 20,000 yuan. Fines of up to 200,000 yuan:

(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in larger quantities;

(2) Illegally holding other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling, Purchasing or providing others with forged credit cards or credit cards fraudulently obtained with false identification.

3. The composition of the crime of obstructing credit card management

1. The object of the infringement is the country’s credit card management system.

2. The objective aspect is behavior that hinders credit card management. Specifically, it includes four situations:

(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in large quantities;

(2) Illegal holding of other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling or purchasing , Provide others with forged credit cards or use false identity certificates to fraudulently obtain credit cards.

According to legal provisions, the perpetrator only needs to perform one of the above acts. constitutes this crime.

3. The criminal subject is a general subject. The unit cannot be the subject of this crime.

4. The subjective aspect is intentional and generally has the purpose of seeking illegal benefits.

The above is all the content about "What are the crimes of buying and selling other people's bank cards" compiled for you by the editor of Legal Express. I believe that you will have your own opinions after reading it. Having your own bank card will make it more convenient. It is conducive to the management of people's transaction behavior, because buying and selling other people's bank cards requires penalties for violating this order.