Criminal Law Subjective Question Case Analysis A Credit Card Fraud Crime and Theft Crime Straw Hat Head Just Case One, Spring Wind Picked Up a Bank Card on the Road and Saw a Password Written on the Back. Spring Breeze to the mall to swipe card

Criminal Law Subjective Case Study A credit card fraud crime and theft crime

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Case 1: Chunfeng found the bank card of Huayu on the road and saw that there was a password written on the back. Spring Breeze to the mall to swipe card consumption. (without regard to amount)

What crime does the spring wind constitute?

Spring Breeze constitutes the crime of credit card fraud. According to article 196 of the Criminal Code, the crime of credit card fraud is constituted by committing credit card fraud by fraudulently using another person's credit card in a relatively large amount. According to Article 5 of the Interpretation on Several Issues Concerning the Specific Application of Law in handling Criminal Cases of Obstructing Credit Card Management, the collection and use of a credit card is a fraudulent use of another person's credit card, and the use of a credit card is punishable by the crime of credit card fraud. In this case, Chunfeng found huayu credit card, which was illegally obtained, and then fraudulently used huayu to use the credit card in the mall. Therefore, the spring wind constitutes the crime of credit card fraud.

Case 2: "Even if there is no provision of paragraph 3 of Criminal Law 196, the act of stealing a credit card and using it on an ATM machine can be regarded as a crime of theft."

Is this correct?

That's true. Because the theft of a credit card does not constitute theft, the use of a credit card on an ATM machine itself constitutes theft. The provisions of paragraph 3 of Criminal Code 196 are provisions of care, and even without the provisions of paragraph 3 of Criminal Code 196, the use of credit cards on ATMs can constitute the crime of theft.

Case 3: Chunfeng stole the personal information of the Huayu bank card, copied a bank card, and then used this card to use on the ATM machine.

What is the sin of spring wind?

Chunfeng constitutes the crime of stealing credit card information, the crime of forging financial documents, and the crime of credit card fraud. The three crimes are related to the implicated offenders, and one of them is a felony. (Brief answer)