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Analysis Of Credit Card Fraud

Posted on:2009-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J WenFull Text:PDF
GTID:2166360248952355Subject:Law
Abstract/Summary:PDF Full Text Request
Modern people often use credit card as a payment tool. Although at present, debit cards included in the credit card are reasonable, but, in the long run, explaining the legislation will face trouble.Theoretically, the unit can become a legitimate user of the credit cards, there is possible for the unit to use the credit card committing crime as well. Credit card fraud in the subjective performance is deliberate and illegal possession on the purpose of public or private property, the fault does not constitute a crime. Violations of this crime is a complex object, that is, credit card management systems and public or private property ownership. In the credit card is not only the crime of fraud by the means and tools, but also targets of crime.The use of forged credit cards must be used in accordance with the functions that it used to be, the credit card management systems and public or private property ownership have resulted in violations. The use of forged credit cards, required that the person who knowingly use the counterfeit credit cards, and must be a property disposition deceiving others to act. Counterfeit credit cards and then sold to others, or gifts from the acts of others, the "sale" and "gift" acts as a "prejudice the management of credit card crime," more properly. Whether credit card fraud is the "use" of counterfeit credit cards, depends on whether the two sides have conspiracy. If complicity, constitutes "use", or else does not constitute "use". The intermediary who are not resold conspiracy does not constitute a case of common crime, should apply Section 177 of the Criminal Code on "for others provided forged credit cards", rather than dealing with innocence. In practice, the use of altering credit cards is also the use of forged credit cards as well.False proof of identity getting credit card, does not require proof of identity itself is a sham, the use of others true identity to get credit card, also is the use of false proof of identity getting credit card. False proof of identity getting credit cards, should be the crime of credit card management prejudice, and the use of credit cards getting behavior constituted the crime of credit card fraud, in line with the characteristics of Implicated Offender, a credit card fraud convicted and punished. If the perpetrator is another user of credit cards, that depends on the perpetrator and the implementation of the credit card prior getting whether there is a conspiracy and concrete analysis of whether there is an accomplice. The perpetrator was implemented after getting credit card acts simply sold or provided to others in the use of illegal, is a crime of prejudice credit card management. Actors and others - are seeking not only the implementation of a false identity getting credit cards, or illegally sell to others to getting the credit card acts, but later jointly with others fraudulent activities, which constitute prejudice management of credit card crimes and credit card fraud, it should be Combined Punishment.Disallowance of the use of credit cards should include the main body of persons, other than the cardholder. Cards on the use of altered behavior being "the use of altered credit card" is inappropriate, and should be "the use of forged credit cards" qualitative. Fraudulent using of credit cards can only used by non-cardholder. Constitute fraudulent use of other people's credit card, it could be really valid card, or a forged credit cards or credit card void. Malicious overdraft is only legitimate cardholders. Using forged, the disallowance of a credit card or credit card getting fraudulent or the use of other people's credit card "overdraft" is not malicious overdraft, which is key points listed in the differences between the other three credit card fraud.
Keywords/Search Tags:Credit card, Crime of credit cards fraud, The component features of crime, Judicial holding, Objective aspect
PDF Full Text Request
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