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Anonymous users2024-02-07If the crime of credit card fraud is suspected, the court shall convict and punish it according to the amount involved and the circumstances of the crime.
Positive restitution can be punished lightly.
Article 196 of the Criminal Law [Crime of Credit Card Fraud] In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given
1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
2) Using invalid credit cards;
3) Fraudulently using another person's credit card;
4) Malicious overdraft.
"Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.
Those who steal credit cards and use them are to be convicted and punished in accordance with the provisions of article 264 of this Law. ”
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Anonymous users2024-02-06Article 196 of the Criminal Law of the People's Republic of China.
It is a credit card fraud crime, and the criteria for filing a case are as follows:
Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards, or fraudulent use of other people's credit cards to carry out credit card fraud activities in the amount of 5,000 RMB or more;
Fraudulently obtaining a credit card from someone else and using it.
Legal basis: Article 5 of the "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management".
Where a forged credit card, a credit card fraudulently obtained with false identification, an invalid credit card, or another person's credit card is fraudulently used to carry out credit card fraud, and the amount is between 5,000 and 50,000 RMB, it shall be found to be a criminal law.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
the prescribed "larger amount";
where the amount is between 50,000 and 500,000 RMB, it shall be found to be a "huge amount" as provided for in the Criminal Law;
Where the amount is 500,000 RMB or more, it shall be found to be a "particularly huge amount" as provided for in the Criminal Law.
"Fraudulent use of another person's credit card" as used in item (3) of paragraph 1 of the Criminal Law includes the following situations:
1) Finding another person's credit card and using it;
2) Fraudulently obtaining and using others' credit cards.
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Anonymous users2024-02-05Legal analysis: An amount exceeding 20,000 yuan will constitute Article 193 of the Criminal Law.
Legal basis: "Criminal Law of the People's Republic of China" Article 193: In any of the following circumstances, fraudulently defrauding banks or other financial institutions of loans for the purpose of illegal possession, and the amount is relatively large, is to be sentenced to up to five years imprisonment or short-term detention and a concurrent fine of between 20,000 and 200,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given;
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Anonymous users2024-02-04The standard for filing and prosecuting the crime of fraud is: defrauding public or private property worth 3,000 yuan to more than 10,000 yuan.
The standard for filing and prosecuting the crime of contract fraud is: where the amount is more than 20,000 yuan, a case should be filed for prosecution.
Legal basis: According to the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" (effective April 8, 2011): Where public or private property is defrauded with a value of 3,000 to 10,000 RMB, 30,000 to 100,000 RMB, or 500,000 RMB, it shall be respectively found to be a "relatively large amount", "huge amount", or "especially huge amount" as provided for in article 266 of the Criminal Law.
According to the Supreme People's Procuratorate and the Ministry of Public Security's "Provisions on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs" (2).
Article 77 stipulates: Whoever, for the purpose of illegal possession, defrauds the other party of property in the process of signing or performing a contract, and the amount is more than 20,000 yuan, shall be filed for prosecution.
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Anonymous users2024-02-03Article 196 of the Criminal Law of the People's Republic of China.
It is a credit card fraud crime, and the criteria for filing a case are as follows:
Using forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards, or fraudulent use of other people's credit cards to carry out credit card fraud activities in the amount of 5,000 RMB or more;
Fraudulently obtaining a credit card from someone else and using it.
Legal basis: Article 5 of the "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management".
Where a forged credit card, a credit card fraudulently obtained with false identification, an invalid credit card, or another person's credit card is fraudulently used to carry out credit card fraud, and the amount is between 5,000 and 50,000 RMB, it shall be found to be a criminal law.
Article 196 of the 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 Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
Article 196 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Concerning the Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management.
the prescribed "larger amount";
where the amount is between 50,000 and 500,000 RMB, it shall be found to be a "huge amount" as provided for in the Criminal Law;
Where the amount is 500,000 RMB or more, it shall be found to be a "particularly huge amount" as provided for in the Criminal Law.
"Fraudulent use of another person's credit card" as used in item (3) of paragraph 1 of the Criminal Law includes the following situations:
1) Finding another person's credit card and using it;
2) Fraudulently obtaining and using others' credit cards.
Article 224 of the Criminal Law stipulates that: In any of the following circumstances, whoever, for the purpose of illegal possession, defrauds the other party of property in the course of signing or performing a contract, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property: (1) Signing a contract with a fictitious unit or fraudulently using the name of another person; (2) Using forged, altered, or invalid bills or other false property rights certificates as security; (3) Where there is no actual ability to perform, and the other party is tricked into continuing to sign and perform the contract by first performing a small contract or partially performing the contract; (4) Fleeing after receiving goods, payment, advance payment or secured property from the other party; (5) Using other methods to defraud the other party's property.
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