On December 25, the topic "The woman who picked up the bank card and guessed the password correctly and took 40,000 yuan was arrested" appeared on the hot search.
According to ** report, the reporter learned on December 24 that recently, in Liyang, Changzhou, Chen picked up a bank card at a bus stop, and the number "0" was written on the back of the card. Chen guessed that the bank card password might be six zeros, so he went to the bank ATM to check it, and sure enough, he guessed the password correctly. After inquiry, Chen found that there was a deposit of more than 40,000 yuan in this bank card.
Chen thought that it should be okay to take out the money, and it would be good if the owner found it and returned it, so she took out more than 40,000 yuan from the card twice and put it at home. A few days later, the owner found that his bank card was lost, and after calling the police, he found that the money in his card had been fraudulently taken by others.
Chen Sijun, a post prosecutor of the Second Procuratorate Department of the People's Procuratorate of Liyang City, Changzhou, said: "Chen found another person's credit card and used it, which is an act of fraudulently using another person's credit card, which constitutes the crime of credit card fraud. "After review, the procuratorial organs found that Chen had constituted the crime of credit card fraud, and the amount involved was 40,000 yuan, which was a relatively large amount, and the statutory sentence was up to five years imprisonment or short-term detention, and a fine of between 20,000 and 200,000 yuan. Because Chen confessed, pleaded guilty and accepted punishment, withdrew all illegal gains, and obtained forgiveness, the Liyang City Procuratorate finally made a relative decision not to prosecute Chen in accordance with the law.
Chen Sijun said: "Whether it is a credit card or a savings card, it is collectively referred to as a credit card in the Criminal Law, and what is involved in this case is actually a savings card, no matter what kind of bank card it is, it cannot be picked up and used, and the money in it may constitute the crime of credit card fraud." ”
Recently, incidents of unauthorized cash withdrawals and consumption of other people's bank cards have occurred from time to time.
Recently, the Leping Municipal People's Court concluded a credit card fraud case, and the defendant Tang committed credit card fraud and was sentenced to seven months in prison, suspended for one year, and fined 20,000 yuan.
After the court's trial, it was ascertained that in August 2023, when Tang and his niece (4 years old) were waiting for a bus on the side of the road in Legang Town, Leping City, his niece handed over a rural commercial bank card that she had picked up to Tang. Later, Tang went to the branch of a rural commercial bank in Legang Town, inserted the bank card into the ATM, tried to enter the bank password, and after trying out the password, Tang withdrew 5,700 yuan in two installments and took it for himself.
The court held that the defendant Tang found another person's bank card and withdrew cash at the ATM machine, which was for the purpose of illegal possession, fraudulently using another person's credit card, and his behavior constituted the crime of credit card fraud. In view of the fact that Tang usually behaves well, and there are circumstances such as voluntarily surrendering, truthfully confessing the facts of the crime, voluntarily admitting guilt and accepting punishment, returning all the property involved in the case to the owner, and obtaining forgiveness, the above judgment is made in accordance with law.
*: Lizhi.com (Reporter: Feng Ke), Dajiang.com.