Nature Of The Act Of Take Away Leaving Money In ATM Machines

With the rapid economic and social development and the popularization of credit card payment methods crimes involving credit cards have shown a high incidence.With the continuous increase in criminal means many cases of theft and misappropriation and credit card fraud and so on have occurred in practice.Moreover,the identification the "forgotten objects" or the "criminal law possession" and other factors have certain difficulties in practice.That has caused certain problems for the determination of crimes in practice.The author explores the identification of the “criminal law oblivion","Criminal law possession"and "impersonate other people's credit card" through the example of Wang theft case.That would provides some references to the practice of similar cases.This article is divided into four parts,about 20,000 words.The first part is the basic situation of the case.This section mainly introduces the cause of the case and the circumstances of the case and the disagreements and the focus of the dispute.For Wang's qualitative determination of taking away the money deposited by the former depositor in the slot of the ATM machine,there are mainly three opinions.The first opinion is that Wang's behavior constitutes the crime of credit card fraud.The other opinions is that Wang's behavior constitutes the crime of theft.The third opinion is that Wang's behavior is an act of misappropriation.The author concludes the focus of the dispute in this case as follow: Are money and credit cards left in the machine forgotten property?Who owns money and credit cards? Does Wang's behavior of take away the money use others credit cards?The second part is the legal analysis of related issues.This section focuses on the case and discusses the legal issues involved in the case.First of all,it analyzes the concept and determination of forgotten objects in criminal law,then discusses the identification of criminal law possession,and finally defines and discusses the behavior of fraudulent use of other people's credit cards.Combine the above points the author distinguish and grasp the crimes in the three disagreements involved in this case.The third part is the conclusion of this case.According to relevant legal analysis,the author believes that the money involved in the case belongs to the victim Lee,and Wang illegally behavior of taking money away as his own constitutes theft.The fourth part is the research implications of this case.This section through the problems found of legal analysis and current judicial practice puts forward proposals such as“clarify typical situation of fraudulent use of credit cards,” “establish and improve credit card crime case guidance systems,” and “clarify that ATM can be a target of fraud”.That might be helpful to the solution of the problems encountered in judicial practice.