Judicial Determination Of Crime Of Malicious Overdraft Credit Card Fraud

Malicious overdraft credit card fraud crimes are generally typical criminal cases of "civil torture".The means and forms of crime are increasingly complicated and diverse.In order to accurately and timely combat such crimes,in judicial practice,the crime should be from the subject of crime and crime.Identification of objective requirements,illegal possession,and other aspects.First of all,the criminal subject of the crime includes the registered cardholder and the actual cardholder,that is,the cardholder's scope includes the fully legal cardholder,the fraudulent credit card to prove the fraudulent credit card and the actual cardholder.Secondly,regarding the determination of "illegal possession purpose",the subjective purpose of the perpetrator dominates the objective behavior,and the objective behavior reflects the subjective purpose.The purpose after the behavior cannot be used to govern the predecessor behavior,and the legal nature of the predecessor behavior cannot be changed.In the case of overdraft or overdraft;for the purpose of proof,the practice mainly uses the presumption method,the case handler must be from the cardholder's willingness and ability to repay,the use of overdraft,credit record,overdraft performance Comprehensive judgment on the purpose and the reasons for the failure to repay the overdraft.Thirdly,regarding the objective requirements of the crime,the collection should be an effective collection.Except that the cardholder maliciously evades the collection,the collection notice must be actually delivered to the cardholder;the crime amount of the crime is limited to the overdraft principal.If the cardholder has returned the overdraft,the principal of the overdraft shall be directly deducted;after the cardholder applies for the minimum repayment or installment payment,the cardholder refuses to repay the loan during the repayment process.The amount of overdrafts in the period will not be counted in the amount of the crime after the card issuer has collected the amount;the amount of credit card overdrafts of different card issuers under the same cardholder's name cannot be accumulated under normal circumstances,but Based on a generalized malicious overdraft,the cardholder should perform cumulative calculations when using multiple credit cards for planned overdraft,or the amount of overdraft on several credit cards has reached 50,000.Yuan,the amount of credit cards that alone reach 50,000 yuan should be accumulated.