Study Of Credit Card Fraud

This article mainly researches. on crime of credit cards swindling. It involves four parts:In the first part, the author analyzes the meaning of the intention of illegal occupation in this crime. This intention should be a dispensable subjective term and deduced from all kinds of behavior which offender acts. But it will be denied in the case of contrary evidence. In the crime of animus overdraft, "the offender refuses to repay after the bank claims" is not a requisite in the decision of intention of illegal occupation and not a sufficient term in the decision of crime of animus overdraft.The second part discusses two kinds of conduct manners of the crime of credit cards swindling. In the use of credit cards received in a deceitful way, a person may offend different crime with distinct subjective aims. The offender of animus overdraft should be a person who acquired the credit cards through legal procedure. Different standard should been taken in the claim of bank. The procedure is dispensable for its independent value although the bank bears enormous risk. The crime of animus overdraft should been regulated as a independent crime because of its specific nature.In the third part, the author elaborates several difficult problems in the course of law practice. In these problems, using the credit cards through steal causes great argument in the law field. In fact, the act of stealing credit cards singly is not regarded as a kind of crime. The swindling act is a critical factor in using credit cards stolen and a center substance in whole conduct. The act of steal simply provides tool for later swindling act. Therefore, the act of steal and using credit cards should been regarded as crime of credit cards swindling.Another problem about this crime is how to convict a person using credit cards on ATM after he collected a piece of credit cards and acquired the code of it meantime. Under the circumstance, ATM represents the bank that installs it and cheating ATM is in fact a swindling act to bank. Actually, the credit card is only a worthless transaction warrant. The offender could not attain any value if he could not use it. The offender must execute swindling act to gain the fund in the credit cards. The code is a tool to check identity of a person holding the credit cards lawfully. Therefore, the offender using code actually deceived the bank and should been convicted crime of credit cards swindling. The behavior that collecting and using credit card is different from the behavior that collecting and using passbook and later should been convicted the crime of fraud.In the fourth part, the author discusses some questions about the beginning and common crime in the crime of credit cards swindling. We should convict partner with status crime provided the criminal possessing special status takes effect in entire conduct. The status should been considered as factor in deciding the penalty. But the principle that the severe crime is prior to the other should been observed if the status crime is gentler compared to the crime without status.