Bank staff who illegally apply for credit cards for others are guilty of credit card fraud and obstruction of credit card management.
According to Article 177 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of obstructing credit card management refers to violating national credit card management regulations and during the issuance and use of credit cards. Acts that hinder the state's management activities on credit cards and undermine the order of credit card management. Specific acts include:
(1) Knowingly holding and transporting counterfeit credit cards, or knowingly holding and transporting blank credit cards in large 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 obtaining credit cards for Others provide forged credit cards or credit cards obtained fraudulently with false identification.
Extended information:
The constituent elements of the crime of credit card fraud are as follows:
1. A large overdraft amount constitutes the crime of credit card fraud
The objects of the crime are the credit card management system and public and private property ownership.
2. The objective aspect of this crime is that the perpetrator fabricates facts or conceals the truth and uses credit cards to defraud public and private property.
3. The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime.
4. The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions also have their own specific content.
Baidu Encyclopedia - Crime of Credit Card Fraud
Baidu Encyclopedia - Crime of Obstructing Credit Card Management