The woman, Chen, picked up a bank card at a bus stop in Liyang, Changzhou, and saw a digital zero written on the back of the card. She guessed that the bank card password might be six zeros, but she didn't expect that it was really verified by her at the bank ATM. Subsequently, he found that there were more than 40,000 yuan in the card, so he took out the money in two installments and put it at home. However, the owner found out that her bank card was lost and called the police, who were arrested when the police found her.
What Chen didn't know was that in the eyes of the judge, both a savings card and a credit card were identified as credit cards, and her behavior was identified as fraudulent use of other people's credit cards, constituting the crime of credit card fraud. A group of netizens in the comment area of the online video don't understand, why is it just an ordinary way to take the balance in the card, and the card is also picked up, not obtained by fraud, how can it constitute the crime of fraud?
According to the Criminal Law of the People's Republic of China, the crime of credit card fraud refers to the use of false identity certificates, credit cards, credit certificates or other credit tools for the purpose of illegal possession, and the amount of property obtained by fraud is relatively large. Chen picked up the bank card and withdrew the deposit, which obviously met this definition. In addition, the amount involved in the case of 40,000 yuan is a relatively large amount, and according to the provisions of the Criminal Law, a sentence of 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 may be imposed.
Although Chen had circumstances such as frankly admitting guilt and accepting punishment, withdrawing all illegal gains, and obtaining forgiveness, the procuratorate finally made a decision not to prosecute him in accordance with the law, but this does not mean that his actions were lawful. This incident is a reminder that picking up a bank card and withdrawing a deposit without permission can be a crime, regardless of the original intention.
Similar cases are not unique in the mainland. Previously, a man who picked up a credit card and withdrew 15,000 yuan was also found guilty of credit card fraud. The court held that the defendant fraudulently used another person's credit card to withdraw money for the purpose of illegal possession, and the amount was relatively large, and his behavior constituted the crime of credit card fraud. In the end, the man was sentenced to one year and six months in prison and fined 20,000 yuan.
To sum up, picking up a bank card and withdrawing the deposit without authorization is not only against morality and ethics, but also may violate the law. The general public is reminded that in such a situation, they should report to the police in time and return the bank card to the owner, and do not embark on the road of crime because of greed. Don't leave anything to chance, once the owner calls the police, there are cameras everywhere, can you run away?
As Chen said, "casually knowing a little legal knowledge will not lead to committing this major crime", so we must also strengthen our legal awareness and understand relevant laws and regulations, so as not to inadvertently violate the criminal law. So, if the bank ATM takes the initiative to spit out money to you, and the amount is large, will you take it?
#文章首发挑战赛#