MindMap Gallery Credit card fraud crime

Credit card fraud crime

This is a mind map about the crime of credit card fraud. It summarizes and organizes the knowledge points, directly hits the key points, and helps the law test friends quickly master the test points. It can be used as study notes and review materials to help you pass the law test!

Edited at 2025-09-19 20:42:18

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Credit card fraud crime

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Fraud
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Credit card fraud crime

Laws

If any of the following circumstances occurs, if a credit card fraud is carried out, the amount is large, the person shall be sentenced to fixed-term imprisonment of not more than five years or detention, and the fine of not more than 200,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than five years but not more than ten years, and the fine of not more than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not more than ten years or life imprisonment, and the fine of not more than 500,000 yuan but not more than 500,000 yuan or the property shall be confiscated

Use a forged credit card, or use a credit card that has been cheated with false identity proof

Using invalid credit card

Using someone else's credit card

Malicious overdrawn

The malicious overdraft referred to in the preceding paragraph refers to the act of the cardholder who overdrafts exceeding the prescribed limit or period for the purpose of illegal possession, and still failing to return the card issuer after collection by the issuing bank.

Return immediately after collection does not constitute malicious overdrawal, nor does it constitute credit card fraud

Those who steal credit cards and use them shall be convicted and punished in accordance with the provisions of Article 264 of this Law (the crime of theft)

Basic concepts

Behavior object: Credit card. Includes both credit cards with overdraft function, as well as savings cards and debit cards without overdraft function.

Method of conduct: Special provisions on judicial interpretations, illegal use of credit cards, whether it is used by people or machines, is convicted of credit card fraud.

Person: The person who impersonates the act is someone other than the legal cardholder and is based on the violation of the cardholder's will.

Behavioral Model

Illegal acquisition using fake cards

Forged credit cards (confirmed for forging financial notes) Use (confirmed for credit card fraud) = Involved offenders, choose one of the serious crimes and determine the crime of credit card fraud

Used by false identity certificate to obtain a credit card (determined to be hindered from credit card management) Use (determined to be corruption) = Involved crime, choose one of the serious crimes and be corruption

Illegal acquisition of real cards

Generally, illegal acquisition does not constitute a crime itself. Only by illegally using (using) a bank card and disposing of funds in the card constitutes a crime.

Determination of impersonation: The impersonator is someone other than the card owner, and impersonation is based on the premise of violating the card owner's will.

Types of illegal acquisition

Escaping, fraud, robbing, extorting credit card use = crime of credit card fraud

Robbery (for humans or machines) = crime of robbery (whether it is used or not)

theft

Theft (to a person or machine, use by himself or a third person) Use = Theft (ordinary act of stealing a credit card does not constitute the crime of theft itself, and only use is the crime of theft)

Make credit card fraud a crime of theft

This crime of theft is an upstream crime of money laundering

Malicious overdraft

Concept: refers to the cardholder overdrawing exceeding the prescribed limit or period for the purpose of illegal possession, and will not return it for more than 3 months after the issuing bank's two valid collections.

Acting subject: card owner (legal cardholder)

The range of cards is limited to credit cards with overdraft function, and does not include savings cards without overdraft function.

Malicious overdrawing means that there is an illegal possession purpose when overdrawing

"There is no return after two valid collections of the card issuing bank for more than 3 months" is an objective punishment condition

Bank card information

Illegal use of other people's bank card information (regardless of people, machines, or Internet) = the crime of credit card fraud

Illegal acquisition of someone else's U-shield is considered illegally to obtain someone else's bank card information

Information on WeChat and Alipay

Theft of information on WeChat or Alipay and obtaining funds in the owner's account will be convicted of theft

Obtain funds through bank accounts bound to WeChat and Alipay

Most say: The crime of theft (WeChat payment password is not equal to bank card information)

A few say: The crime of credit card fraud (Prince's view)

Those who use Ant Huabei or Ant Jiebei to obtain advance funds and loan funds from Ant Company shall be charged with loan fraud.