China's "Criminal Law" on credit card fraud
Article 196
Credit card fraud, theft, one of the following circumstances, credit card fraudulent activities, the amount of money, shall be sentenced to less than five years of imprisonment or detention, and impose a fine of more than 20,000 yuan to 200,000 yuan;
The amount of money is huge or there are other serious circumstances
Where the amount is particularly large or there are other particularly serious circumstances, the penalty shall be fixed-term imprisonment of ten years or life imprisonment, and shall be fined not less than 50,000 yuan and not more than 500,000 yuan or confiscated property:
(1) the use of counterfeit credit cards, or the use of fraudulently obtained credit cards with false proof of identity;
(ii) the use of invalid credit cards;
(iii) fraudulent use of other people's credit cards;
(iv) malicious overdraft.
The malicious overdraft referred to in the preceding paragraph refers to the cardholder's overdraft in excess of the prescribed limit or the prescribed period of time for the purpose of illegal possession, and failure to return the card after the card-issuing bank's reminder.
Whoever steals a credit card and uses it, shall be convicted and punished in accordance with the provisions of Article 264 of this Law."
Expanded Information:
Case of Credit Card Lending to Others for Malicious Expenditures:
With economic and social development, credit card consumption brings people real convenience, but also easily caused by The first time I saw this was when I was a student at the University of California, Berkeley, and I was a student at the University of California, Berkeley. The credit card was lent to a friend with the best of intentions, but it led to an economic dispute over unjust enrichment, which led to the "payment" of the credit card.
Recently, Yunnan Dali Municipal People's Court of the application of summary procedures for hearing a credit card economic disputes, in order to unjust enrichment sentenced the defendant to return the plaintiff's economic loss of 50000 yuan.
Yang Moumou did not expect, their good intentions will be the bank credit card lent to a friend to use will lead to an economic dispute. Zhao is a friend of Yang Moumou, Yang Moumou lent his credit card, Zhao with the card spent 50,000 yuan.
When the credit card repayment was due, Zhao was unable to repay, so he asked his friend Li Moumou to help him find someone to repay, and handed over the credit card to Li Moumou. Li found Mr. and Mrs. Huamou negotiation, please help for the credit card repayment of 50,000 yuan, after the repayment of Mr. and Mrs. Huamou can use the credit card to swipe to withdraw the money.
Huamou couple on May 22, 2015 through the mobile banking transfer will be 50000 yuan deposited into Yang Moumou credit card. Yang Moumou lost the credit card on the same day he received the incoming text message, which prevented Mr. and Mrs. Huamou from using the card to make purchases at the POS machine on the following day.
The court found that the defendant Yang Moumou lent his credit card to others and then owed a debt, which caused the plaintiffs to deposit 50,000 yuan into Yang Moumou's credit card and then could not be returned, which is an unjustified enrichment. The defendant Yang moumou obtained 50000 yuan of undue advantage, causing the plaintiff loss, should be obtained by the undue advantage of the money back to the plaintiff of the loss.
Judge