A few additional words: This is a typical credit card fraud case, and there are many similar cases. You can easily find them online.
There are too many similar cases, and I only found two for the poster’s reference.
Impersonating another person's "debit card" still constitutes the crime of credit card fraud
2010-4-13 8:16:13 Source: China News Network Shandong News Network User Comments 0 entries Forum
Shandong News Network Rizhao News (Liu Yuanyuan and Zhao Yanxia) Introduction: At about 15:00 on September 25, 2009, the defendant Xu Mou. At about 15:00 on September 25, 2009, when the defendant Xu was withdrawing money from a bank teller machine on Wanghai Road, Donggang District, Rizhao City, he discovered that the victim Yuan Mou reported the bank card as lost at the teller machine after withdrawing money, so he took the 14,000 yuan in Yuan Mou's bank card. Yuan cash was withdrawn and transferred to Liu's account. On the day of the incident, the victim Yuan reported the case to the public security organ. The public security officers discovered through bank surveillance that the defendant Xu was suspected of committing a major crime, so they summoned Xu Bo to the public security organ for questioning. Xu truthfully confessed the crime after he arrived at the case. After the incident, the defendant Xu also returned all the stolen money to the victim Yuan.
In this case, the defendant Xu found a debit card that was lost in an ATM machine. The debit card falls under the category of credit cards in the criminal law. Should his behavior of using the card to defraud others of money be punished? Identification is the focus of the trial process of this case. In this regard, there are two different opinions in the judicial theoretical and practical circles:
One opinion is that bank debit cards do not belong to the category of credit cards, and the act of fraudulently using other people's bank debit cards to withdraw money from the bank should be punished. Confirmed as fraud. First of all, according to the relevant regulations of the People's Bank of China, bank cards are divided into credit cards and debit cards. Credit card is a special term in banking business, and the criminal law should define the scope of credit card in accordance with the relevant provisions of the banking law and banking industry practices. Secondly, debit cards do not have an overdraft function, and the cardholder's use of the debit card generally does not bring risks to the bank. However, a credit card has an overdraft function, and the bank has to bear certain risks when the cardholder uses the credit card. Therefore, the objects violated by the two acts of fraudulently using other people's credit cards or debit cards are different. The crime of credit card fraud not only infringes upon the property rights of the object of fraud, but also violates the country's financial management order for credit cards. Therefore, the defendant’s behavior in this case only violated the victim’s property rights and should be considered a crime of fraud.
Another opinion is that the defendant’s behavior in this case should be deemed as credit card fraud. First of all, the "Interpretation of the Standing Committee of the National People's Congress of the People's Republic of China on the Provisions of the People's Republic of China and the Criminal Law on Credit Cards" stipulates: "'Credit Card' in the Criminal Law refers to a commercial bank or other financial institution that provides Electronic payment cards issued by consumers with functions such as payment, accounting, transfer, cash deposit and withdrawal, or all functions, such as settlement, cash deposit and withdrawal, or some functions." It can be seen that credit cards in the sense of my country's criminal law include both credit cards with overdraft functions and bank debit cards without overdraft functions. Secondly, our country’s criminal law stipulates specific criminal acts of credit card fraud. In addition to malicious overdrafts, which cannot be applied to the use of debit cards, other acts such as the use of counterfeit debit cards, the use of invalid debit cards, and the fraudulent use of other people’s debit cards, etc. All applicable to debit cards. Therefore, the defendant in this case picked up other people's bank cards and used them to withdraw money should be considered a crime of credit card fraud.
During the trial, the court adopted the second opinion, holding that the defendant Xu found other people’s bank cards and fraudulently used the name of the cardholder to defraud property, which amounted to a relatively large amount and violated the socialist market economic order. The behavior constitutes the crime of credit card fraud. The defendant Xu voluntarily pleaded guilty and had returned all the stolen money, so he was given a lighter punishment as appropriate. Accordingly, the court sentenced the defendant Xu to one year in prison, suspended for two years, and fined RMB 20,000.
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Picking up a debit card and withdrawing money without permission also constitutes a crime of credit card fraud
2007-12-28 10:06:18 Article source
Most people will try their best to find the owner after picking up a bank card, but there is a kind of person who not only does not look for the owner after picking up a bank card, but Instead, he tried every means to secretly withdraw the money from his bank card and keep it as his own. As everyone knows, this is an illegal and criminal act. Li, a 20-year-old girl from Roadside Village in Yangcunqiao Town, got greedy and committed withdrawal fraud after picking up her debit card. Her behavior was punished by law.
In the early morning of August 9 this year, Li came to the ATM at the Qiantan branch of China Construction Bank Jiande City Branch on Jianbei South Road, Qiantan Town, and picked up a card from the ATM card slot. A bank debit card, Li was greedy for a moment, so he used the method of gathering the password to withdraw the RMB 5,400 stored in the card and took it for himself.
After the incident, the more Li thought about it, the more he regretted it, so he voluntarily surrendered to the public security organ, truthfully confessed the facts of his crime, and withdrew all the stolen money. On August 10, Li was released on bail pending trial.
Recently, the Municipal People's Court held that Li fraudulently received credit card payments from others in a relatively large amount, and that his behavior constituted the crime of credit card fraud, and he was found guilty of the crime charged by the public prosecution. Since the defendant Li voluntarily surrendered after committing the crime, truthfully confessed his crime, and withdrew all the stolen money, he should be given a lighter punishment and may be subject to probation as appropriate. Finally, the Municipal Court made the following verdict: Li was guilty of credit card fraud and was sentenced to two months' detention, suspended for four months, and fined RMB 20,000. □ Shao Ziyuan Wu Yunhe
Editor in charge: Zhang Hui