1 thought on “jewelry max wholesale How to punish the credit card”
Rosa
wholesale gold earrings jewelry From the perspective of the specific behavior of the participants, it can be divided into two categories: one is the participants who hold the credit card, including the actor who applies for the credit card and participate in the cash withdrawal, and apply for it in a false identity. Credit cards and participating actors, using falsifying credit cards and using cash -to -cash -off actors; the other is other people other than participants holding credit cards, including the establishment of a POS machine to assist the cash with the card, open network operation channels Assist the cardholder of the cardholder of the cardholder's false remittance or false trading. In addition to the above two types of participants, there may also be other personnel who have helped each other, including those who illegally obtain the identity information of others and use it to apply for credit cards, illegally obtain personnel credit card information and forged credit cards, illegal forgery of credit cards illegal credit cards Personalized. By analyzing the relevant crimes that the participants of credit card sets may involve, there are mainly the following situations that need attention. 1. The problem of whether the actor who apply for a credit card and participate in the cash constitutes a crime with my true identity constitutes a crime? Is there a major loss of card issuing banks. (1) If you apply for a credit card and cash withdrawal in your true identity, you should not be identified as the purpose of illegal possession before repaying the pairing repayment date specified by the card issuer, so it does not constitute a crime of credit card fraud. (2) If the perpetrator is known or involved in himself, and cash out for payment for relatives and friends, because it does not have the purpose of illegal possession, objectively does not have serious consequences, and belongs to mutual assistance between relatives and friends. Generally It should not be identified as criminal behavior in criminal law; (3) If the cardholder uses false consumption and other means, it now objectively damages the interests of the card issuing bank and causes serious consequences. , His civil liability. (4) If you apply for a credit card and cash withdrawal as a real identity of himself, you cannot repay the cash withdrawal quota before the expiration date specified by the card issuer, and you need to determine that the actor has the purpose of illegal possession, objective purpose, objective, objectively, objectively. Whether there are malicious overdraft behaviors and whether the consequences cause major losses to determine whether it constitutes a crime of credit card fraud or fraudulent loan; (5) If the perpetrator achieves small cash cash on online remittances, and the cash withdrawal amount is small and the harm is not great, then Generally, it is not appropriate to be identified as criminal acts in criminal law; (6) If the actor uses the online third -party payment platform to buy and sells or tradema, it is similar to the use of POS machines to use false consumption to cash out. The subjective is subjective whether there is an illegal possession, objective or not, or whether there are malicious overdraft behaviors, whether the consequences cause major losses to determine whether it constitutes a crime of credit card fraud or fraudulent loan. 2. Regarding the problem of applying for credit cards in a false identity, participating in cash or using a fake credit card, and using the use of cash -to -cash, whether it constitutes a crime. (1) The behavior of applying for a credit card as a false identity belongs to one of the objective performances in the crime of obstructing credit card management stipulated in Article 177 of the Criminal Law. 》 The crime of credit card fraud stipulated in Article 196 "uses a credit card with false identity to prove to be deceived by false identity", and the two behaviors have the relationship between absorption offenders. (2) The use of fake credit cards and using cash belongs to the "use of fake credit cards" in the crime of credit card fraud stipulated in Article 196 of the Criminal Law, which objectively meets the requirements of criminal constitution. It should be pointed out that in the process of applying for credit cards and participating in the cash withdrawal in the process of being carried out or using the use of fake credit cards and using it to cash out, it is determined that the perpetrator constitutes a crime and requires the actor to have the purpose of illegal possession. (3) If you apply for a credit card in a false identity and participate in the cash or used credit card and use it to use the cash, the purpose is to deceive the credit card to cash with the funds and use it instead of the illegal possession. Or if there are other serious circumstances, it may constitute the crime of fraud loan stipulated in Article 175 of the Criminal Law. 3. Use the POS machine to assist the cash -to -card cash out or open a network operation channel to assist the credit card holder of the cardholder's false remittance or false trading cash. Using POS tools to assist in swiping card cash or open network operating channels to assist credit card cardholders' false remittances or false trading cash withdrawals, the essence is to use the current bank card business management measures to give the credit card cardholder preferential benefits to profit from it. The process of this type of perpetrator participation in the cash out of the credit card mainly includes the following situations: (1) Using POS tools to assist in swiping card cash or open network operation channels to assist credit card holders' false remittances or false trading cash withdrawals, it should be carried out by the credit card holder. Only a small amount of handling fees are charged, and the business that assists the cash withdrawal is not the main business. This behavior should not be identified as a crime, but a violation of the illegal behavior of the "Bank Card Business Management Measures" shall be rectified. (2) Using POS tools to assist in swiping card cash or open network operation channels to assist credit card holders' false remittances or false trading cash withdrawal is the active planning operation of the actor. During the cash withdrawal of the card, the credit card holder has threatened, seduced, and fraudulent behaviors. After the cash is completed, the high handling fee is charged. If you set up a POS machine or open a network operation path, it is mainly used for cash, and it shall be determined that a criminal behavior is greater. In the current Criminal Law framework, in accordance with the provisions of Article 225 of the Criminal Law, POS machines will be used to assist card cash out or open network operation channels to assist credit card holders' false remittances or false trading cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash -sharing behaviors are deemed to be this article as the article. The "illegal funds and settlement business" stipulated in item (3) item because it is essentially providing bank card -related services, but because it does not have a financial institution's business license, it objectively damages the interests of the bank issuing bank and endangers the financial order. It should be identified as illegal business behavior. Legal basis: Article 196 of the Criminal Law of the People's Republic of China has one of the following circumstances, which conducts credit card fraud activities. If the amount is large, it will be sentenced to imprisonment or detention of less than five years. Fine fines below the yuan; if the amount is huge or other serious circumstances, it will be imprisoned for five years and less than ten years, and a fine of 50,000 yuan or less; the amount is particularly huge or other particularly serious. The above imprisonment or life imprisonment, and a fine of more than 500,000 yuan or less than 500,000 yuan or confiscated property: (1) Use a fake credit card, or use a false credit card with a false identity; Credit cards; (3) using other people's credit cards; (4) malicious overdraft. The malicious overdraft referred to in the preceding paragraph refers to the actions that the cardholder is illegally possessing, exceeding the prescribed limit or the specified period of overdraft, and the card is still not returned after the card issuance bank is collected. If the theft of the credit card is also used, conviction and punishment shall be determined in accordance with the provisions of Article 264 of this Law. Article 175 Obtain loans or other financial institutions loans, bill acceptance, credit, guarantee, etc. to bank or other financial institutions if they obtain deceptive means to cause major losses or other serious circumstances in the bank or other financial institutions. Decidered, placed or single fines; if it causes particularly major losses to banks or other financial institutions, or other particularly serious circumstances, it is imprisoned for three years and seven years, and a fine. If the unit offend the previous crime, the unit will be punished and the person in charge and other responsible persons who are directly responsible for will be punished in accordance with the provisions of the previous paragraph. Article 177 There is one of the following situations and obstructing credit card management shall be sentenced to imprisonment or detention of less than three years, and a fine of less than 100,000 yuan or less than 100,000 yuan or less; , Punished for imprisonment of less than three years and less than ten years, and a fine of less than 20,000 yuan or less: (1) Knowing that it is a fake credit card, it is held and transported, or it is held to be a fake blank credit card. The number of transportation is large; (2) illegally holding a credit card of others, a large number; (3) using false identity to deceive the credit card; Credit cards of identity proof. Those who steal, buy or provide information on the credit card of others illegally shall be punished in accordance with the provisions of the previous paragraph. The staff of the bank or other financial institutions use the convenience of their positions and offend the second crime.
wholesale gold earrings jewelry From the perspective of the specific behavior of the participants, it can be divided into two categories: one is the participants who hold the credit card, including the actor who applies for the credit card and participate in the cash withdrawal, and apply for it in a false identity. Credit cards and participating actors, using falsifying credit cards and using cash -to -cash -off actors; the other is other people other than participants holding credit cards, including the establishment of a POS machine to assist the cash with the card, open network operation channels Assist the cardholder of the cardholder of the cardholder's false remittance or false trading. In addition to the above two types of participants, there may also be other personnel who have helped each other, including those who illegally obtain the identity information of others and use it to apply for credit cards, illegally obtain personnel credit card information and forged credit cards, illegal forgery of credit cards illegal credit cards Personalized. By analyzing the relevant crimes that the participants of credit card sets may involve, there are mainly the following situations that need attention. 1. The problem of whether the actor who apply for a credit card and participate in the cash constitutes a crime with my true identity constitutes a crime? Is there a major loss of card issuing banks. (1) If you apply for a credit card and cash withdrawal in your true identity, you should not be identified as the purpose of illegal possession before repaying the pairing repayment date specified by the card issuer, so it does not constitute a crime of credit card fraud. (2) If the perpetrator is known or involved in himself, and cash out for payment for relatives and friends, because it does not have the purpose of illegal possession, objectively does not have serious consequences, and belongs to mutual assistance between relatives and friends. Generally It should not be identified as criminal behavior in criminal law; (3) If the cardholder uses false consumption and other means, it now objectively damages the interests of the card issuing bank and causes serious consequences. , His civil liability. (4) If you apply for a credit card and cash withdrawal as a real identity of himself, you cannot repay the cash withdrawal quota before the expiration date specified by the card issuer, and you need to determine that the actor has the purpose of illegal possession, objective purpose, objective, objectively, objectively. Whether there are malicious overdraft behaviors and whether the consequences cause major losses to determine whether it constitutes a crime of credit card fraud or fraudulent loan; (5) If the perpetrator achieves small cash cash on online remittances, and the cash withdrawal amount is small and the harm is not great, then Generally, it is not appropriate to be identified as criminal acts in criminal law; (6) If the actor uses the online third -party payment platform to buy and sells or tradema, it is similar to the use of POS machines to use false consumption to cash out. The subjective is subjective whether there is an illegal possession, objective or not, or whether there are malicious overdraft behaviors, whether the consequences cause major losses to determine whether it constitutes a crime of credit card fraud or fraudulent loan. 2. Regarding the problem of applying for credit cards in a false identity, participating in cash or using a fake credit card, and using the use of cash -to -cash, whether it constitutes a crime. (1) The behavior of applying for a credit card as a false identity belongs to one of the objective performances in the crime of obstructing credit card management stipulated in Article 177 of the Criminal Law. 》 The crime of credit card fraud stipulated in Article 196 "uses a credit card with false identity to prove to be deceived by false identity", and the two behaviors have the relationship between absorption offenders. (2) The use of fake credit cards and using cash belongs to the "use of fake credit cards" in the crime of credit card fraud stipulated in Article 196 of the Criminal Law, which objectively meets the requirements of criminal constitution. It should be pointed out that in the process of applying for credit cards and participating in the cash withdrawal in the process of being carried out or using the use of fake credit cards and using it to cash out, it is determined that the perpetrator constitutes a crime and requires the actor to have the purpose of illegal possession. (3) If you apply for a credit card in a false identity and participate in the cash or used credit card and use it to use the cash, the purpose is to deceive the credit card to cash with the funds and use it instead of the illegal possession. Or if there are other serious circumstances, it may constitute the crime of fraud loan stipulated in Article 175 of the Criminal Law. 3. Use the POS machine to assist the cash -to -card cash out or open a network operation channel to assist the credit card holder of the cardholder's false remittance or false trading cash. Using POS tools to assist in swiping card cash or open network operating channels to assist credit card cardholders' false remittances or false trading cash withdrawals, the essence is to use the current bank card business management measures to give the credit card cardholder preferential benefits to profit from it. The process of this type of perpetrator participation in the cash out of the credit card mainly includes the following situations: (1) Using POS tools to assist in swiping card cash or open network operation channels to assist credit card holders' false remittances or false trading cash withdrawals, it should be carried out by the credit card holder. Only a small amount of handling fees are charged, and the business that assists the cash withdrawal is not the main business. This behavior should not be identified as a crime, but a violation of the illegal behavior of the "Bank Card Business Management Measures" shall be rectified. (2) Using POS tools to assist in swiping card cash or open network operation channels to assist credit card holders' false remittances or false trading cash withdrawal is the active planning operation of the actor. During the cash withdrawal of the card, the credit card holder has threatened, seduced, and fraudulent behaviors. After the cash is completed, the high handling fee is charged. If you set up a POS machine or open a network operation path, it is mainly used for cash, and it shall be determined that a criminal behavior is greater. In the current Criminal Law framework, in accordance with the provisions of Article 225 of the Criminal Law, POS machines will be used to assist card cash out or open network operation channels to assist credit card holders' false remittances or false trading cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash cash -sharing behaviors are deemed to be this article as the article. The "illegal funds and settlement business" stipulated in item (3) item because it is essentially providing bank card -related services, but because it does not have a financial institution's business license, it objectively damages the interests of the bank issuing bank and endangers the financial order. It should be identified as illegal business behavior. Legal basis: Article 196 of the Criminal Law of the People's Republic of China has one of the following circumstances, which conducts credit card fraud activities. If the amount is large, it will be sentenced to imprisonment or detention of less than five years. Fine fines below the yuan; if the amount is huge or other serious circumstances, it will be imprisoned for five years and less than ten years, and a fine of 50,000 yuan or less; the amount is particularly huge or other particularly serious. The above imprisonment or life imprisonment, and a fine of more than 500,000 yuan or less than 500,000 yuan or confiscated property: (1) Use a fake credit card, or use a false credit card with a false identity; Credit cards; (3) using other people's credit cards; (4) malicious overdraft. The malicious overdraft referred to in the preceding paragraph refers to the actions that the cardholder is illegally possessing, exceeding the prescribed limit or the specified period of overdraft, and the card is still not returned after the card issuance bank is collected. If the theft of the credit card is also used, conviction and punishment shall be determined in accordance with the provisions of Article 264 of this Law. Article 175 Obtain loans or other financial institutions loans, bill acceptance, credit, guarantee, etc. to bank or other financial institutions if they obtain deceptive means to cause major losses or other serious circumstances in the bank or other financial institutions. Decidered, placed or single fines; if it causes particularly major losses to banks or other financial institutions, or other particularly serious circumstances, it is imprisoned for three years and seven years, and a fine. If the unit offend the previous crime, the unit will be punished and the person in charge and other responsible persons who are directly responsible for will be punished in accordance with the provisions of the previous paragraph. Article 177 There is one of the following situations and obstructing credit card management shall be sentenced to imprisonment or detention of less than three years, and a fine of less than 100,000 yuan or less than 100,000 yuan or less; , Punished for imprisonment of less than three years and less than ten years, and a fine of less than 20,000 yuan or less: (1) Knowing that it is a fake credit card, it is held and transported, or it is held to be a fake blank credit card. The number of transportation is large; (2) illegally holding a credit card of others, a large number; (3) using false identity to deceive the credit card; Credit cards of identity proof. Those who steal, buy or provide information on the credit card of others illegally shall be punished in accordance with the provisions of the previous paragraph. The staff of the bank or other financial institutions use the convenience of their positions and offend the second crime.