1. What is the filing standard of credit card fraud and how to judge it?
1, using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to commit credit card fraud, with an amount of more than 5,000 yuan but less than 50,000 yuan; For the purpose of illegal possession, the cardholder overdraws beyond the prescribed limit or time limit, which has been effectively collected by the issuing bank twice and has not been returned for more than three months. He shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
2. Legal basis: Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management.
Article 5 Whoever uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, an invalid credit card or another person's credit card for credit card fraud shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
The term "fraudulently using another person's credit card" as mentioned in Item 3 of Paragraph 1 of Article 196 of the Criminal Law includes the following situations: picking up another person's credit card and using it.
Second, what are the means of credit card fraud?
1, fraudulently using forged credit cards. The so-called use includes various services such as purchasing goods with credit cards, withdrawing cash from banks or ATMs, and accepting credit card payment and settlement. That is, credit cards made by various illegal means. For forged credit cards, some counterfeiters use them for fraudulent activities, and some counterfeiters sell or give them to others for fraudulent activities. For users, whether they use it for themselves or others, it is a case of "using forged credit cards". Using forged credit cards, whether shopping or accepting various paid services, is essentially a fraud.
2. Use an invalid credit card for fraud. The so-called invalid credit card refers to the use of credit cards that are invalid for legal reasons. According to relevant regulations, invalid credit cards mainly have the following types:
(1) The credit card will automatically expire after its effective use period. According to the types of issuing banks and credit cards, the validity period of credit cards is also different, with a term of one year, two years, three years or longer. For those who do not continue to use the credit card or need to continue to use it after the effective period, the expired credit card should be returned to the issuing bank or company.
(2) The credit card holder stops using the card in the middle of the validity period. At this point, although the validity period of the credit card has not yet arrived, it will be invalid after going through the formalities of returning the card.
(3) The credit card is invalid due to loss reporting.
3. Fraudulent use of other people's credit cards. The so-called fraudulent use of other people's credit cards refers to the behavior of non-cardholders using cardholders' credit cards to defraud property in the name of cardholders. If you use the credit card you found; Without the consent of the cardholder, use the credit card kept by the cardholder for consumption, etc.
4. Malicious overdraft by credit card. Credit card overdraft means that the cardholder can still use the credit card for consumption with the approval of the bank when the funds in the credit card account of the issuing bank are insufficient or no longer available. Credit card overdraft is essentially the consumer credit provided by the bank to the cardholder, that is, when the funds are insufficient, the cardholder is allowed to spend first, and then the cardholder makes up the funds and pays certain interest according to the regulations. In China, the issuing bank generally stipulates that cardholders are allowed to make short-term goodwill overdrafts within a certain limit. In practice, some criminals take advantage of the feature that bank credit cards can be overdrawn, and for the purpose of illegal possession, they still refuse to return the overdraft after being collected by the issuing bank or abscond to hide their identity after a large overdraft, so as to avoid the repayment responsibility. This kind of behavior is called fraud crime of malicious overdraft by credit card.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC).
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.