1. Crime of credit card fraud
2. It belongs to the crime of theft and should be returned to the owner actively.
3. It belongs to the crime of fraud<
Article 196 of the criminal law [credit card fraud and theft]
FA Shi [2009] No. 19
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 impairing the management of credit card If an invalid credit card or someone else's credit card is falsely used for credit card fraud, and the amount is more than 5000 yuan but less than 50000 yuan, it shall be recognized as "a large amount" as stipulated in Article 196 of the criminal law; If the amount is more than 50000 yuan but less than 500000 yuan, it should be regarded as "huge amount" as stipulated in Article 196 of the criminal law; If the amount is more than 500000 yuan, it should be recognized as "extremely huge amount" as stipulated in Article 196 of the criminal law
the term "falsely using another person's credit card" in Item (3) of the first paragraph of Article 196 of the criminal law 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
(3) stealing, buying, swindling or obtaining other people's credit card information in other illegal ways, and using it through the Internet, communication terminals, etc
(4) other cases of fraulent use of other people's credit cards.
4. It should be the days between them, you try.
5. breaking the law the details are as follows:
first, if you pick up a bank card and guess the password, and get money from it, this kind of behavior is illegal and undesirable because from the legal point of view, this can be judged as illegal occupation of other people's property, illegal theft and other criminal acts therefore, if you find a bank card and don't say anything about guessing the password, it should be submitted to the public security organ or bank and other institutions for trusteeship as soon as possible. If it is found out, such behavior may lead to detention, imprisonment and fine. Remember not to be influenced by the interests of the heart, blindfolded this kind of behavior is the same as picking up a wallet and taking the money out of it
welcome to express your views, discuss and supplement, and pay attention
6. Please change the relevant password immediately. Passwords can't be easily penetrated into others
how to ensure the security of all-in-one card use
precautions for card use safety:
1. Please keep your personal information properly and do not tell others the card number, validity and other information
2. Don't leave your sight when you swipe your card. When entering the password, please pay attention to occlusion. Don't use password too much, not using birthday, telephone number, ID number as password. Do not write the password on the card or place it with the card. There is part of the card information on the purchase order. Don't discard it at will
3. Please identify the web address carefully to avoid visiting the fake shopping website and the fake online payment website. If you find any suspicious website, please call the customer service hotline to verify. Do not input bank account number, password and other information in unknown websites, so as to avoid stealing personal data by phishing websites or trojans
4. If there are any changes in your personal data (such as changes in contact information, address, etc.), please modify the relevant data through the banking system in time
5. Check your transactions regularly and check your statement
6. Please read the SMS of consumption notice sent by our bank carefully. If the amount of SMS does not match the actual amount, please call the customer service hotline for further inquiry.
7. Clue 1: Roman numerals correspond to letters, uiiangaao clue 2: Notes turn to numbers, 26,17,4,14, and then turn to subtitles zqdn clue 3: together
8. Theft (Article 264 of the criminal law) refers to the act of secretly stealing a large amount of public or private property for the purpose of illegal possession. Then, find the French Net editor for your introction, for reference. Case: the defendant Li XX stole the current passbook of his cohabiting girlfriend and took 13700 yuan in cash with the password that his girlfriend inadvertently told him. Li XX was on the way back to his hometown in Guizhou with the money. Divergence: there are two opinions on the nature of Li XX's behavior. The first opinion is that it should be identified as fraud. Li XX finally obtained 13700 yuan in the name of the passbook owner, through the way of making up and concealing the truth, so that the bank staff had trust, and then handled the withdrawal business for him, that is, obtained the money through fraud. The second opinion is that it should be identified as theft. Li XX took secret means to get his girlfriend's passbook and then took out the money, which infringed his girlfriend's property ownership and should be convicted of theft. Comment and analysis: Xiaobian agrees with the second opinion. 1、 The reason why this case can not constitute a crime of fraud in judicial practice, mainly based on the principle of criminal law to determine the crime of fraud, the general understanding is: for the purpose of illegal possession, using the method of fabricating facts or concealing the truth, to defraud a large amount of public and private property. The crime of fraud is objectively manifested as the use of fraud to defraud a large amount of public and private property. That is, the perpetrator committed fraud. In form, fraud includes two types: one is to make up the facts, the other is to conceal the truth; In essence, it is an act that makes the victim fall into the wrong understanding. If the other party does not dispose of the property because of the wrong understanding of the fraud, it will not constitute the crime of fraud. From the above definition, the crime of fraud involves only two parties, that is, the perpetrator of the crime and the victim of fraud, and there is no third party. However, there are three parties in this case, namely Li XX, the depositor and the bank. Li XX stole other people's passbook and obtained 13700 yuan through the bank. On the surface, it seems that the bank was deceived and mistakenly regarded Li XX as the legal holder of the deposit and paid him the deposit. According to this logic, depositors are not deceived. Therefore, this case can not be convicted of fraud. In fact, when Li XX submitted the real passbook and provided the agreed password, the bank completed the inspection obligation and paid the withdrawal according to the instry rules. The bank had no fault and was not deceived. If the withdrawal procere submitted by Li XX is defective, and the bank fails to pay attention to the audit obligation, resulting in the loss of others' deposits, the bank should bear the civil liability for compensation to the depositors in terms of civil law. If the perpetrator withdraws money from the bank with other people's passbook and forged other people's ID card, and the bank neglects the examination, resulting in the loss of the depositor, the bank shall compensate the depositor first. 2、 Article 264 of the criminal law stipulates that "Whoever steals public or private property in a relatively large amount or repeatedly shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years. ". Li XX took advantage of his cohabitant girlfriend's going out to steal his passbook and withdraw money with the password he knew in advance, which fully conforms to the judicial practice of the determination of theft. Of course, considering that the cohabitant girlfriend usually loses vigilance and divulges the passbook password, which makes her property in a dangerous situation, the defendant can be given a lighter punishment when sentencing.
9. Picking up the passbook and guessing the correct password to withdraw money is theft