1. Multiple choice questions

1. While surfing the Internet in an Internet cafe, A and his girlfriend B found a bank card with a password written on the back. A card goes to ATM to withdraw money, and 5, yuan is withdrawn in the first two times. When preparing to withdraw money again, B came over and said: Attention, don't have an accident? A:? Will it be ready in a minute? . A took out 6, yuan twice and handed it to B.. After receiving the money, B stood for a while and said, I'm leaving. Be careful, okay? . A then withdrew another 7, yuan. Which of the following options are correct about this case? (215/ 2/57)

A. A found someone else's bank card and used it on an ATM machine. According to the judicial interpretation, he was convicted of credit card fraud.

B. B. was not criminally responsible for the behavior that A took out 5, yuan twice before.

C. B. took over 6, yuan taken out by A, which constituted the crime of concealing and concealing.

D. B. * * * offender; Cover up and conceal the crime

Answer ABD. Analysis: "the NPC Standing Committee on <; Criminal Law of the People's Republic of China > The Interpretation of Credit Card Regulations stipulates that? Criminal law? Credit card? Refers to the electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of payment, credit loan, transfer settlement, cash deposit and withdrawal? . Therefore, the bank card found by A belongs to the credit card. And "the Supreme People's Procuratorate's Reply on How to Determine the Nature of the Behavior of Picking up Other People's Credit Cards and Using them on ATMs" stipulates that? The act of picking up someone else's credit card and using it on an automatic teller machine (ATM) is stipulated in Item (3) of Paragraph 1 of Article 196 of the Criminal Law? Fraudulent use of other people's credit cards? If the case constitutes a crime, criminal responsibility shall be investigated for credit card fraud? . Therefore, the act of A picking up other people's bank cards and using them on ATM machines constitutes the crime of credit card fraud. Item A is correct and elected.

Party B didn't participate in the first two times when Party A withdrew 5, yuan, and there was no connection between Party A and Party B with the intention of committing a crime, so Party B was not responsible for the crime. Item b is correct and elected.

When A is ready to withdraw money again, B comes over and says: Attention, don't have an accident? The significance of this behavior in criminal law lies in that in the process of committing a crime, B strengthened A's determination to continue committing a crime. Party A and Party B have reached a common understanding on the illegal withdrawal by using bank cards, so Party A and Party B are convicted of * * * joint crime, and Party B is an inherited * * * crime. After that, Party A took out 6 yuan twice and handed it to Party B. The two of them cooperated with each other and committed the crime of credit card fraud. A is the perpetrator, and B is the psychological helper. Therefore, B constitutes an accomplice to the crime of credit card fraud rather than a crime of concealing or concealing. Error in item C, not elected.

after receiving the money, B stood for a while and said: I'm leaving. Be careful, okay? . The criminal significance of this sentence lies in: B's subsequent withdrawal from A is predictable and laissez-faire. B told A to be cautious, which further supported and strengthened A's determination to continue committing crimes. Therefore, it should still be recognized that A and B have the intention of committing the same crime. A is the perpetrator and B is the psychological helper. Therefore, the 7, yuan that A then took out belongs to the proceeds of the same crime of A and B.. To sum up, although Party B didn't withdraw money with a bank card, the amount of crime committed by Party B and Party A (the aiding offender) is 6, yuan+7, yuan = 13, yuan. Item d is correct and elected.

therefore, ABD is chosen for this question.

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