According to the provisions of the Criminal Law, those who fraudulently use other people's credit cards for credit card++activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years++or criminal detention, and shall 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++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Legal basis:
Criminal law of the people's Republic of China
Article 196 The crime of credit card++involves credit card++activities under any of the following circumstances. If the amount is relatively large, it 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++or++10 years, 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.
Identification of fraudulent use of other people's credit cards
Anyone who uses someone else's credit card to engage in++activities with an amount of more than 5,000 yuan constitutes a credit card++crime. Anyone who uses a forged credit card, or uses a credit card fraudulently obtained with a false identity certificate, or uses an invalid credit card, or uses someone else's credit card to carry out++activities, and the amount is more than 5,000 yuan, shall file a case for prosecution.
Legal basis:
Article 54 of the Standard Provisions on Criminal Cases under the Jurisdiction of Public Security Organs (II) conducts credit card++activities, and if it is suspected of one of the following circumstances, it shall be filed for prosecution:
Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card, or using someone else's credit card to conduct++activities, with an amount of more than 5,000 yuan.
Article 3 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management uses forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or credit cards fraudulently used by others for credit card++activities, and the amount is more than 5,000 yuan but less than 50,000 yuan, which 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.
Will fraudulent use of other people's credit cards constitute a crime?
Fraudulent use of another person's credit card constitutes a crime. Article 196 of the Criminal Law stipulates that whoever uses another person's credit card to engage in credit card++activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. "Fraudulent use of another person's credit card" includes the following situations: (1) picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ; (four) other circumstances of fraudulent use of other people's credit cards. Article 5 Interpretation of the Supreme People++the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 196 of the Criminal Law of People's Republic of China (PRC).
Does fraudulent use of other people's credit cards constitute a crime?
Fraudulent use of someone else's credit card belongs to credit card++,which constitutes the crime of credit card++. 1. Forms of credit card++crime: 1. Using forged credit cards Using forged credit cards is an important manifestation of credit card++crime. The perpetrator must use a forged credit card to constitute this crime. 2. Using an invalid credit card An invalid credit card refers to a credit card that has lost its validity due to legal reasons. Whether the cardholder or the non-cardholder knows that the credit card is invalid, it will be punished as this crime. 3. Fraudulent use of another person's credit card The so-called "fraudulent use of another person's credit card" means that a non-cardholder uses a credit card in the name of the cardholder to conduct++behaviors such as shopping, consumption and cash withdrawal in the credit card business without the consent or authorization of the cardholder. Fraudulent use of other people's credit cards only refers to fraudulent use of other people's legal credit cards, excluding forged and invalid credit cards. 4. Malicious overdraft can be divided into goodwill overdraft and malicious overdraft. Malicious overdraft can be divided into general illegal malicious overdraft and criminal malicious overdraft. Generally, illegal and malicious overdraft is an administrative violation and should bear corresponding administrative and civil responsibilities. Because of its less social harm, it does not constitute a crime. Criminal malicious overdraft can be divided into criminal malicious overdraft exceeding the limit and criminal malicious overdraft exceeding the time limit according to the type of behavior.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever engages in credit card++activities 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++or++10 years, 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.
++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "
How to deal with the fraudulent use of other people's credit cards?
Fraudulent use refers to the behavior that a non-cardholder uses the cardholder's credit card to defraud property in the name of the cardholder. According to China's regulations on credit cards, credit cards can only be used by legitimate cardholders and cannot be lent or transferred. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for thieves or thieves to use them falsely. After obtaining someone else's credit card, these thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the convenience of stop payment management, impersonate the identity of the card owner, imitate the signature of the card owner, and go shopping at credit card merchants or banks to withdraw money or enjoy services. The above are several common situations in which someone else's credit card is fraudulently used to commit++crimes.
This is the result of introducing fraudulent use of other people's credit cards and fraudulent use of other people's credit cards. I wonder if you have found the information you need?