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The Action Of Embezzling Dispenses Cash Atfer Sale The Real Credit Card

Posted on:2013-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:L F ZhuFull Text:PDF
GTID:2256330401451346Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The action of embezzling dispenses cash after sale the real credit card is that the actorsale the real credit card which is apply for real personal ID card and use the bank’s lossreporting procedures to illegal possession of the funds transferred to card all or vesting ofall the acts of others. The main features of the behavior in three respects: the perpetratorwas the subjective purpose of illegal possession obvious; use of credit cards in theobjective function to carry out criminal; inconsistent behavior of people differ from whowere fooled with the victim.At present, there are many disputes on the qualitative of embezzle dispenses cash aftersale the real credit card mainly in six different doctrine, namely the crime impairing themanagement of credit cards theory, the crime of credit cards fraud theory, disguise orconceal the gains from crime said, the crime of theft said, the crime of fraud said, noguilty said. The above doctrine commentators put forward their own reasons and basisfrom different perspectives, but these reasons and basis have different levels of defects. Inaddition, although the crime of fraud is correct, but the doctrine commentators are notfully expound the reasons.To accurately define the nature of the acts of embezzle dispenses cash after sale thereal credit card, it should be clarify the involved problems about qualitative theoretical.First, must be clear the boundaries of the crime of credit cards fraud between the crime offraud. Second, the triangular fraud between the two fraud are no essential difference,should be sure that the triangle fraud is one of the manifestations of the crime of fraud.Last, to constitute an act belong to the triangle fraud, the key point is that the dupe havethe privileges and status to disposal victims’ property. Careful analysis of embezzledispenses cash after sale the real credit card, it is clear that conduct falls within the case oftriangular fraud, dupe is as banks, the victim is as the buyer, and dupe bank have the rightsor status to dispose of the victims of property, while the acts in full compliance with theelements of fraud, therefore constitute fraud.
Keywords/Search Tags:Credit card, Crime of fraud, Crime of credit cards fraud, Larceny, The tripartite fraud
PDF Full Text Request
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