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What does credit card fraud include?
1. What are the credit card frauds? 1. Use a forged credit card. The so-called forged credit card refers to the credit card made by imitating the texture, pattern, block, pattern and magnetic stripe password of the credit card. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards. 2. Use an invalid credit card. Invalid credit cards refer to expired credit cards, invalid credit cards, credit cards declared invalid according to laws and relevant regulations, credit cards that the cardholder stops using and returns to the issuing bank within the validity period of the credit card, and credit cards that are invalid due to loss reporting. In addition, using invalid credit cards also includes using altered cards. The so-called altered card refers to an invalid credit card whose card number has been altered. These credit cards themselves were listed on the stop payment list because of loss reporting or cancellation, but one number on the card was flattened, and then another new number was pressed to escape the blacklist search. Therefore, the altered card is also a fake card. 3. 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 are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. 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. These are several common cases of fraudulent use of other people's credit cards. 4. Malicious overdraft. Overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when there is no funds or insufficient funds in the accounts. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who, for the purpose of illegal possession, overdraw beyond the prescribed limit or within the prescribed time limit and refuse to return it after being urged by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior. Second, how to identify the crime of credit card fraud 1. The object of this crime is the credit card management system and the ownership of public and private property. 2. The objective aspect of this crime is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth. It should be noted that according to the criminal law, in addition to committing the crime of credit card fraud, the actor must also have a large amount of elements. If the amount is not large, even if the above acts are committed, they are illegal and do not constitute a crime. As for what is "a large amount", there is no clear judicial interpretation at present. However, according to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases", a large amount of personal fraud refers to more than 5,000 yuan. The starting point of a large amount of credit card fraud can refer to this regulation, and it is appropriate to use 5,000 yuan. 3. The subject of this crime is a general subject, and a natural person can be the subject of this crime. 4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. In real life, it is best to store large deposits in other ways, such as passbook, and try to replace the original magnetic stripe card with a chip card in the bank to safeguard their own property safety.