Credit Card Fraud Conviction

With the further development of the economy and science technology,credit cards are becoming more and more popular,users also appears popular,younger trend.Especially with the popularization and development of Internet technology,the emerging online payment and mobile payment methods make the use of credit cards more convenient and flexible.However,while bringing convenience to people,it also brings difficulties to the judicial cognizance of the crime of credit card fraud.Therefore,combining with judicial cases to discuss the identification of credit card fraud crime,not only can be closer to the status of judicial application,but also has certain guiding significance.For many scholars have teased the credit card crime of fraud of the relevant laws and regulations,constitutive requirements and the specific form,this article is no longer here.This paper from the court about credit card crime of fraud case,based on the judicial practice,combining the existing theoretical research results and the law and principle,targeted to explore the cognizance of credit card fraud crime "malicious overdraft",wading third-party payment of credit card crime of fraud of the cognizance and flow process of credit card fraud crime number decided that these three questions.This paper is mainly carried out in the following order and thinking:First of all,clarify the basic concept of "malicious overdraft",the reason of sin and the verification of credit card fraud crime "malicious overdraft" elements of legal basis,and then through the analysis of the practice of the credit card crime of fraud cases,summarized after data obtained in practice,thus found "malicious overdraft" credit card fraud crime in practice there are many applicable phenomenon.This paper discusses the problems of "illegal possession purpose" in judicial practice,and the system status of "not returning after collection" in the identification of credit card fraud crime.Secondly,the qualitative difference in the case of online credit card mobile payment involving the third-party payment platform in practice is mainly discussed on the controversial focus issues such as whether the third-party payment platform can be the target of fraud,whether the behavior of using the third-party payment method to invade money is the characteristic of theft or fraud,and the relationship between the third-party payment method and the credit card payment method.According to the thought that the behavior should be identified as theft or fraud crime,and then identified as a crime of common fraud or credit card fraud,finally get the conclusion that the behavior involving third-party payment platform should be identified as credit card fraud.Finally,to steal credit card information of forgery and using a fake credit card after this crime mode,in recent years gradually become "use forged credit card"means a kind of typical crime of fraud of the credit card and begun to take shape.In practice,there are three different opinions on the determination of the number of crimes in this crime pattern,namely "one crime","strict combination punishment for several crimes" and"compromise combination punishment for several crimes".Through the analysis of different points of view and behavior,the theft of credit card information business card printing and the use of behavior to establish involvement,should be considered a felony.