The topic of "a woman picked up a bank card and guessed the password to take 40,000" appeared on the hot search on the Internet. A woman in Changzhou, Jiangsu Province picked up a bank card on the road, she felt that it was not stolen by herself, and it was okay to take out the money, so she was greedy, guessed the password and took out the money. Within a few days, the police came to the door.
The procuratorate believes that the woman found another person's credit card and used it, which is an act of fraudulently using another person's credit card, constituting the crime of credit card fraud, and the amount involved is 40,000 yuan, which is a relatively large amount, and the statutory sentence is up to five years imprisonment or short-term detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.
Some netizens contacted Beijing Guanling Law Firm to inquire, what is "fraudulent use of other people's credit cards"?
The team replied that according to the provisions of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management", the circumstances of "fraudulent use of other people's credit cards" include: 1. Finding and using other people's credit cards;2. Fraudulently obtaining credit cards from others and using them;3. Stealing, buying, fraudulently obtaining or otherwise illegally obtaining other people's credit card information and materials, and using them through the Internet, communication terminals, etc.
In addition to fraudulently using other people's credit cards, the use of counterfeit credit cards, the use of invalid credit cards, and malicious overdraft of credit cards may constitute the crime of credit card fraud.
In the above case, the woman is suspected of committing credit card fraud and is facing criminal charges, is it possible for her to seek leniency from the judicial authorities?
After carefully analyzing the case, the team pointed out that if the woman was a first-time offender or an occasional offender, and there were 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, it is possible to seek a relative decision not to prosecute from the procuratorate.
In addition to statutory mitigating and mitigating circumstances such as voluntary surrender, confession, meritorious service, return of stolen goods and restitution, voluntary admission of guilt and acceptance of punishment, the team also summed up some of the circumstances that do not constitute a crime in the case of suspected credit card fraud based on rich experience in handling cases, including:
1. If the actor does not fabricate facts or conceal the truth when applying for a credit card, meets the application conditions, and most of the overdraft funds of the credit card are used for business investment, and the overdraft funds cannot be repaid due to objective reasons such as poor business investment and market risks, and the actor subjectively does not have the purpose of illegally taking possession of the overdraft funds, it is not an act of maliciously overdrawing a credit card, and does not constitute the crime of credit card fraud.
2. Although the actor has a credit card debt, but the card-issuing bank has not made two effective collections and the collection has not exceeded three months, it cannot be found that the actor is in bad faith. or the existing evidence cannot rule out the possibility of being unable to repay the credit card due to objective factors, and the perpetrator has been repaying the credit card, proving that he has the intention to repay, and it cannot be determined that the actor has the purpose of illegal possession, and does not constitute the crime of credit card fraud.
3. Although the perpetrator, as a registered cardholder, illegally lent the credit card to others, but after learning that others had malicious overdrafts, if he urged him to repay the loan, he reported the case to the public security organ when the urging was unsuccessful, and at the same time reported the loss of the credit card involved in the case to prevent the loss from expanding, so subjectively he did not have the purpose of illegal possession, and objectively did not jointly carry out the act of malicious overdraft, and the actor did not constitute the crime of credit card fraud.
4. The perpetrator gave his credit card to others for use due to coercion, and the other person's use and overdraft had nothing to do with the actor, and the two did not have the subjective intent to commit a joint crime, and it cannot be found that the perpetrator constituted the crime of credit card fraud.
Everyone should take good care of their belongings, improve their awareness of password management, and ensure the safety of their own property. We will face a lot of legal problems in our daily life, so we should know some legal knowledge so as not to be unable to protect our legitimate rights and interests when we encounter legal problems.