What is the punishment for stealing other people's information and borrowing money?
Fraudulent use of another person's name is a civil tort and should bear corresponding civil liability.
Anyone who infringes upon civil rights and interests shall bear tort liability.
Civil rights and interests include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait and privacy.
If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed; The loss of the infringer is difficult to determine, and if the infringer gains benefits from it, he shall be compensated according to the benefits obtained; It is difficult to determine the benefits obtained by the infringer, and if the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
1. Once the ID card is lost or stolen, it should be reissued in time. According to the relevant regulations, in this case, it is not necessary to bear the responsibility of fraudulent use, and the card-using department needs to bear the responsibility of audit;
2. The bank suffered property losses because the identity card was fraudulently used as a credit card by criminals after it was lost, which was beyond the control of the parties. Although the parties have the obligation to keep their identity documents, when handling credit cards for individuals, banks should fulfill their review obligations, including whether the identity cards are used by themselves and the authenticity of the identity cards.
3. If the identity card is stolen by others, and the credit card is successfully handled in the bank, and the bank fails to fulfill its review obligation, the bank shall bear the main responsibility for the consequences arising therefrom;
4. In the same way, even if there is a problem with personal credit information, if the bank is at fault in the process of handling loans, for example, because the interests of the parties are damaged due to the signing of loans without the confirmation of the parties themselves, the parties can sue the banks and demand to stop the infringement and eliminate the records of non-performing loans. If the circumstances are serious, you may claim compensation for mental damage;
5. Finally, after the credit card is fraudulently used, there is also personal credit investigation. If there are other special circumstances between you and the bank, it is recommended to find a professional lawyer to intervene when necessary.
Relevant legal knowledge
Chapter IV Legal Responsibility of People's Republic of China (PRC) Identity Card Law
Sixteenth one of the following acts, given a warning by the public security organs, and impose a fine in 200 yuan, illegal income, confiscate the illegal income:
(a) using false certification materials to defraud the resident identity card;
(2) Renting, lending or transferring a resident identity card;
(3) illegally detaining another person's identity card.
Seventeenth one of the following acts, by the public security organs fined two hundred yuan to one thousand yuan, or detained for ten days, illegal income, confiscate the illegal income:
(a) using another person's identity card or using a forged identity card;
(2) buying, selling or using forged or altered identity cards.
Forged or altered identity cards and fraudulent identity cards shall be confiscated by public security organs.
Article 18 Whoever forges or alters a resident identity card shall be investigated for criminal responsibility according to law.
Whoever commits any of the acts listed in Articles 16 and 17 of this Law and commits criminal activities shall be investigated for criminal responsibility according to law.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 266 of the Criminal Law of People's Republic of China (PRC) defrauds public or private property, and if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.