What Is High-Risk Credit Card Processing?

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using illegally a credit card for fraudulent activities in order to illegally possess the property, violate credit card management regulations, and defraud a large amount of property. The use of credit cards generally refers to fraudulent activities using fake or obsolete credit cards or fraudulent use of other people's credit cards or malicious overdrafts. The crime of credit card fraud is a kind of fraud crime. The relationship between this crime and the crime of fraud is between special law and general law. Credit card is a criminal tool in this crime, not an object of crime. If an actor uses a credit card as a criminal tool for fraud, he shall be convicted and punished according to the principle that special law is superior to general law. ^[1] Therefore, the crime of credit card fraud is, in short, a fraudulent criminal activity carried out by using the credit embodied by the credit card.

Credit card fraud

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using illegally a credit card for fraudulent activities in order to illegally possess the property, violate credit card management regulations, and defraud a large amount of property. The use of credit cards generally refers to the use of fake or obsolete credit cards or the use of other people's credit cards or malicious overdrafts.

The components of the crime of credit card fraud are as follows:

1. this

The specific behavior is as follows:

The crime of credit card fraud has the following characteristics in terms of crime:

Defence for Credit Card Fraud

Shandong Baojun Law Firm accepted the entrustment of the defendant's family member Li and appointed lawyer Han Dong as the defender of the defendant Li xx (hereinafter referred to as the defendant). After accepting the entrustment, the lawyer reviewed the relevant file and met the defendant. The defender has no objection to the prosecution's charge of the defendant for the crime of credit card fraud. According to the public prosecutor's public prosecution opinion and objective facts and laws, the current defender's defense opinions on the defendant's sentencing and punishment are as follows:

1. During the trial, the accused voluntarily pleaded guilty, according to the relevant provisions of Article 9 of the "Several Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Justice on the Application of Ordinary Procedures for the Trial of" The Defendant's Plead Case "(Trial)" The court may grant lighter or mitigate punishment at the discretion of the sentencing.

2. The crime of the defendant Li xx is less harmful to the society, and the court is requested to exercise lighter or mitigate punishment as appropriate in sentencing.

First, the defendant's fraudulent amount was 9800.65 yuan, a small amount. Although the amount has constituted the crime of credit card fraud and has certain social harm, after all, the amount is limited and the social harm is not great.

Secondly, although the defendant used a forged credit card to conduct a credit card consumption behavior, which constitutes a crime, the credit card was not forged by the defendant, and even the card was not controlled by the defendant, but was provided by dumplings (on the run) to The defendant, the defendant only swiped the card during the entire crime, and the defendant was not very clear about the other specific circumstances of the credit card he used. Compared with the criminals who provided or forged the credit card, the defendant Li xx's criminal society Not harmful.

Third, the defendant was promptly captured by the public security organs after the card swiping was performed, and some of the stolen property was also recovered at the time of the incident. In the case of fraud, the infringement of the ownership of public and private property is an important feature. In combination with this case, the defendant No benefits were obtained, and the stolen goods under its control were also recovered by the public security organs. Therefore, the defendant's social harm was not great.

Based on the above three points, the court is requested to give full consideration to sentencing, and to give the defendant lighter or mitigate punishment as appropriate.

3. The crime of the defendant Li xx's subjective malignancy is not deep, and the court is requested to give lighter or mitigate punishment when sentencing.

The defendant's motive for the crime was very simple because his mobile phone business was not good. He was eager to get out of the predicament and agreed to use the card with another defendant and dumplings to defraud a certain amount of money to do business. He did not deliberately destroy the country's finances Order and the public and private property of others, and the defendant's share in the entire process was only 10%. The defender believes that the defendant embarked on the road of crime because of weak legal consciousness and eagerness to get rid of the bad business situation. The fundamental purpose is not to get rich through fraud, which is similar to other criminals who make a living by fraud. There is an essential difference. Therefore, the defendant's subjective malignancy is not deep, and the court is requested to give full consideration to the sentencing.

4. The defendant Li xx always performed well before returning to court, and was a first-time offender or occasional offender without a previous record.

The defendant was a serious businessman in Qingdao before the case. He did not have any bad habits and bad records, and there was no criminal record. This crime was just because he had made a fortune and did not fully understand the seriousness of the matter. It is a first-time crime, an accidental crime, and the degree of social harm and subjective malignancy are obviously different from those of a recidivist. The court shall give full consideration to the sentencing.

5. The defendant Li xx pleaded guilty after returning to court and paid a fine.

The defendant has no objection to the facts of the crime charged by the public prosecutor's office and voluntarily pleads guilty. This attitude should be affirmed. After the defendant returned to the court, he took the initiative to make detailed confession to the entire process of committing the crime. He had a good confession attitude, confessed all the facts of the crime, and actively cooperated with the public security organs to investigate the facts of the case. Defendants who refuse to plead guilty and bear resistance are much less harmful to society. On the other hand, although the defendant's family is not very wealthy, he still actively paid a fine to the court, which fully reflects the defendant's attitude of confession and serving the law and sincere remorse.

In summary, the defender believes that the defendant can see that the defendant's criminal behavior is not socially harmful or subjective, regardless of his subjective criminal motives or his confession attitude after the case is brought to justice. Under the premise, the law should focus on education for the defendant, increase the defendant's legal awareness, supplemented by punishment, and give the defendant an opportunity to make corrections and resume life. Therefore, the defender urges the court to reduce or reduce the punishment of the defendant as appropriate. .

Defender: Shandong Baojun Law Firm

Lawyer Han Dong

February 6, 2010

At present, in the process of cracking down on credit card fraud cases, the state aims to require debtors to repay. Generally, after the police detain the suspect, the detention center will recommend the cardholder and his relatives to repay. After the cardholder makes the repayment, most cases can be released on bail. In the process of accepting a case, the amount of arrears is based on the data provided by the bank, and the data provided by the bank generally includes the sum of all costs such as principal, interest, compound interest, late payment fees, and overrun fees. Cardholders can only be released on bail after making repayments based on data provided by the bank. If there is an objection to the amount of the bank, it can be disputed when the sentence of detention reaches the court. Generally, the criminal suspect must stay in the detention center for three to four months before the court can begin the trial.

Criteria for filing this crime

According to relevant laws and regulations, anyone who is suspected of one of the following circumstances should be prosecuted:

1. Use fraudulent credit cards, fraudulently obtained credit cards with false identity certificates, obsolete credit cards, or fraudulent use of credit cards of others to conduct credit card fraud activities with an amount of more than 5,000 yuan.

The term counterfeiting another person s credit card as referred to in Paragraph (3) of Article 196 of the Criminal Law includes the following situations:

(1) Picking up and using credit cards of others;

(2) Fraudulent use of credit cards of others;

(3) stealing, buying, defrauding or obtaining illegally other people's credit card information and other illegal means, and using it through the Internet, communication terminals, etc .;

(4) Other cases of fraudulent use of credit cards of others.

2. Malicious overdrafts of more than 10,000 yuan.

For the purpose of illegal possession, the cardholder exceeds the prescribed limit or overdrafts, and the cardholder fails to return it for more than 3 months after two collections by the card-issuing bank. ". Under any of the following circumstances, it shall be determined as "for the purpose of illegal possession" as provided in Article 192, paragraph 2 of the Criminal Law:

(1) Knowing that there is a large amount of overdraft without the ability to repay and cannot be returned;

(2) Unscrupulous spending of overdraft funds that cannot be returned;

(3) Escaping, changing contact methods and evading bank collection after overdraft;

(4) Withdrawing or transferring funds, concealing property, or evading repayment;

(5) using illegal funds to carry out illegal or criminal activities;

(6) Other acts of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. ^[3]