How to prevent credit card fraud in China

In today's society, the safety of personal property has been paid more and more attention by the broad masses, and there are many criminals who use credit cards to defraud consumers of money. At the same time, relevant parties should bring a lawsuit in time to bring offenders to justice. So, how to prevent credit card fraud? You can find a lawyer to defend you and investigate the legal responsibility of credit card fraudsters. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property. The subject of this crime is a general subject, aged 16, and any natural person with criminal responsibility can become the subject of this crime. First, the basic concept of credit card fraud Credit card fraud refers to the use of credit cards for fraudulent activities to defraud a large number of property. The subject of this crime is a general subject, aged 16, and any natural person with criminal responsibility can become the subject of this crime. Subjectively, it is intentional, and malicious overdraft must have the intention of illegal possession. The object of this crime is the state's supervision and management order of credit cards and public and private property. Objectively, it is manifested in fraudulent activities by using credit cards to defraud a large amount of property. Second, several issues that need to be paid attention to (1) fraudulent activities using credit cards According to the provisions of Article 196 of the Criminal Law, fraudulent activities using credit cards include the following situations: using forged credit cards or using credit cards defrauded with false identity documents; Use an invalid credit card; Fraudulent use of other people's credit cards; The act of malicious overdraft. Fraudulent use of other people's credit cards includes the following situations: picking up other people's credit cards and using them; Cheat others' credit cards and use them; Stealing, purchasing, defrauding or otherwise obtaining other people's credit card information, and using it through the Internet, communication terminals, etc. ; Other acts of fraudulently using other people's credit cards. Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and fails to return it for more than 3 months after being collected twice by the issuing bank. In any of the following circumstances, it shall be deemed as the purpose of illegal possession: knowing that there is no repayment ability and the overdraft amount is too large to be returned; Spending overdraft funds and being unable to return them; Escape after overdraft, change contact information, and avoid bank collection; Withdrawing or transferring funds, concealing property or evading repayment; Using overdraft funds for illegal and criminal activities; Other illegal possession of funds and refusal to return them. (2) Whoever steals a credit card and uses it shall be convicted and punished for theft according to Article 196 of the Criminal Law and relevant judicial interpretations. The amount of theft shall be determined according to the amount used by the perpetrator after stealing the credit card. (3) Special circumstances that do not constitute the crime of credit card fraud. The subjective elements of this crime should be "knowing", such as knowing that credit cards are used for forgery and knowing that they are used for cancellation. If it is "uninformed" or used by others, it does not constitute the crime of credit card fraud. Only when credit card fraud is carried out and the amount stipulated by law is large can this crime be constituted; Those who fail to meet this legal standard will generally not be convicted and punished for credit card fraud. Third, the main charges that are easy to be confused (1) The crime of credit card fraud and the crime of forging or altering financial tickets violate the state's supervision and management order over credit cards and public and private property, while the object of the latter is the state's supervision and management order over financial tickets. Objectively speaking, the former is characterized by fraudulent activities using credit cards to defraud a large amount of property; The latter is manifested in violating the supervision order of financial tickets, forging and altering various financial tickets. The problem is that forging credit cards constitutes the crime of forging financial tickets. If you forge a credit card and use it, how to convict and punish it? If you forge a credit card for your own use, it should generally constitute a crime of credit card fraud. For example, in Baoshan City, Yunnan Province, "Ruan's credit card fraud case" [①] Ruan and other four people installed equipment at the cash machine to steal other people's credit card information, and used forged fake credit cards to extract the victim's funds up to more than 600,000 yuan. Therefore, Ruan was sentenced to fixed-term imprisonment of 15 years by the people's court of first instance and fined 200,000 yuan. It should be pointed out that it is a crime to use forged credit cards for fraudulent activities, reaching 5,000 yuan; As long as the 1 credit card is forged, it constitutes the crime of forging financial tickets. Therefore, if the use of forged credit cards fails to meet the prosecution standards for the crime of credit card fraud, it will be convicted and punished for the crime of forging financial tickets. (2) The object of the crime of credit card fraud and the crime of obstructing credit card management is the state's supervision and management order over credit cards and public and private property, while the object of the latter is the state's supervision and management order over financial instruments. Objectively speaking, the former is characterized by fraudulent activities using credit cards to defraud a large amount of property; The latter is manifested in the act of deliberately obstructing the national credit card management during the issuance and use of credit cards. The problem is, knowing that it is a fake or someone else's credit card, using false identification to defraud the credit card, and then using the credit card to commit fraud, is generally an implicated offense, so we choose felony punishment, that is, conviction and sentencing for credit card fraud. 4. Credit card fraud fine (1). If the amount is relatively large, 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. Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to engage in credit card fraud activities, with an amount of more than 5,000 yuan but less than 50,000 yuan; If the amount of malicious overdraft is more than 6,543,800 yuan but less than 6,543,800 yuan, it is deemed as a large amount. (2) If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 years and not more than 50,000 yuan and not more than 500,000 yuan. Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to engage in credit card fraud activities, with an amount of more than 50,000 yuan but less than 500,000 yuan; If the amount of malicious overdraft is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it is deemed as a huge amount. (3) If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of 10 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or his property shall be confiscated. Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards to engage in credit card fraud activities, with an amount of more than 500,000 yuan; If the amount of malicious overdraft is more than 6,543,800 yuan, it shall be deemed as "the amount is extremely huge". To sum up, how to prevent credit card fraud is divided into the above points. In the process of your defense, you should pay attention to the accuracy of your words and deeds to ensure the effectiveness of your defense results. At the same time, the crimes involved in the process of fraudulently using bank cards should be rationally analyzed and the charges should not be confused. Those who constitute the crime of fraud shall bear corresponding legal responsibilities according to the seriousness of the case.