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Credit Card Fraud Cases and Analysis
Legal analysis: Zhang personally applied for a credit card with the card number of 6282886968225860 to Huaihua Branch of Industrial and Commercial Bank of China. * * * Overdraft principal is 20,000 yuan. Defendant Zhang overdrawn beyond the prescribed time limit, and refused to return the above money after repeated collection by the issuing bank. The court held through trial that the defendant Zhang used a credit card to maliciously overdraw for the purpose of illegal possession, and the amount was large, which constituted the crime of credit card fraud. After returning to the case, Zhang was able to truthfully confess his crimes and pleaded guilty. Before the verdict was pronounced in the second instance, Zhang had repaid all the principal and interest owed by the credit card overdraft. If the circumstances of the crime are minor, Zhang can be exempted from criminal punishment according to law. Accordingly, the court ruled that the defendant Zhang committed the crime of credit card fraud and was exempted from criminal punishment.

Legal basis: People's Republic of China (PRC) Criminal Law.

Article 266 Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or confiscated.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.