Research On Credit Card Fraud

Both criminal law educational circles and the judicial practical departments, the debate for credit card crime of fraud has not stopped. Relevant judicial explanation gradually has been clear about the real nature of the emergence of the credit card fraud, has been solved the problems for the same behavior for different judgment in the judicial, but, judicial interpretation which is new appear not representative theorists also agrees with the justice department’s position, such issues as machine can be cheated in theory is still inconclusive. For new problems such as picked up others credit card and use, using someone else’s forgotten within the ATM card and use, although some scholars have discussed about these issues, but these deals just settled a farfetched conclusions, for this crime the core problem it haven’t come up with a convincing explanation. Problems can eventually fell on the machine were tricked. It is true, if can come up with enough evidence to prove that the machine can be cheat or can’t be cheat, problem solving becomes easier, regrettably is both German and Japanese criminal law educational circles and our country theorists, cannot use words to solve the technological difficult problem. Rather than tangle in uncharted territory, to rethink the source of the problem, from the source to reflect on the credit card crime of fraud of the positioning, might be able to quell the controversy. This paper attempts to save credit card fraud from the ordinary crime of fraud of the shackles, out of the ordinary crime of fraud of the general constitutive requirements of the credit card crime of fraud is regarded as an independent crime, to understand its constitutive requirements, in order to avoid do impractical to talk to some problem.The main body of this article can be divided into four parts:The first part:In this chapter the author mainly discusses the relationship between crimes of fraud and the credit card crime of fraud in the normal, detailed analysis the defects of the crime of fraud of the credit card as a special form of the ordinary crime of fraud, from the nature of overlap of articles of law, negative two crimes have overlap of articles relationship, from the form say the nature of overlap of articles of law needs a constitutive requirements cross or overlap, essentially requires legal interest violation of identity. Based on the analysis of Germany and Japan, and our country Taiwan area and mainland in our country criminal law educational world relevant discourses, the author thinks that it is not difficult to distinguish between overlap of articles from form, but in essence, legal interest violation of identity should be fingering that the legal interest violation number as singular. And then the author thinks that two crimes should be mutually exclusive relationship and not overlap of articles. Two mutually exclusive sin means that the crime of fraud of the credit card without having to fully comply with the general constitutive requirements of crime of fraud, without considering the feedback of the victim, also do not need to discuss more machines can be cheat or not.. This part is also the foundation of the author discussed below.The second part:This chapter mainly analyzes the behavior of illegal using someone else’s credit card. Based on cash card and credit card is different, the author will discuss using two cards separately with different properties, from the nature of the deposits, the way to use the card and produce different legal relationship can work out different conclusions. This chapter refers to the illegal use of others’ credit card including the pick up and cheat to get credit cards. Conclusion is that if you use a password of the card shall be regarded as larceny, while using password-less card as a credit card fraud.The third part:This chapter mainly analyzes the illegal use your own credit card. Mainly include the use of credit card fraud and malicious overdraft behavior. Although the author disagrees with malicious overdraft behavior as the type of credit card crime of fraud, but based on the rule of law, the author explains the illegality of the malicious overdraft behavior again, from the angle of "no right to use information" to explain the malicious overdraft behavior has certain rationality.The last part:This chapter mainly analyzes the illegally obtained the credit card by others. Diversification of illegal way to get the credit card, including theft, robbery, grab and so on. This part is relatively simple, such as access to credit card theft behavior and use can be thought of using behavior is a continuation of the former behavior and don’t think it is a crime of fraud of the credit card. Through the way which get card by cheat then use, this behavior is relatively complex. If the offender consciously gets the credit card by cheat and use, it can be thought of crime of swindling, if in the process of fraud by chance get credit card after use can be thought of as credit card fraud.