Research On The Problems Of Credit Card Fraud

There are greatly different controversy for how to apply the law of the Criminal Law that Perpetrator get another credit card to be used and overdraft by theft, robbery, fraud, plunder, invasion and occupation (pick up or storage), mortgage, loan and other means and violate financial ownership and infringement of bank financial management order. In response to these acts of judicial practice, some identification were in accordance with the means to obtain the credit card. for example, the Supreme Court consider in accordance with the principle of convicted and punished that it were identified as theft, fraud, crime of plunder, embezzlement, robbery and so on by fraud, plunder, robbery and other means to obtain and use credit card. Some identification were convictions for theft , such as Professor Zhang Mingkai in the "Criminal Law" and "fraud and financial fraud research" ,he consider that use the ATM to get credit card, this behavior were identified theft because the machine can not be deceived. Some consider it were identified as credit card fraud conviction, because no matter how to obtain credit cards, the behavior of using credit card is among the fraudulent behavior.I have engaged in criminal prosecutions for many years, I have strong emotional awareness for credit card fraud. Now from the perspective of judicial practice , I put forward the tendency ideas to solve these controversial issues that conclude the behavior that use of stolen credit cards or borrow other people's credit card to overdraft. I think as long as the violation of the legitimate cardholder's will to process credit card regardless of the legality of possession of others, credit cards are all acts of impersonation. Therefore, through pick up, storage, and other legal way to obtain mortgage credit card, through fraud, robbery, theft and other criminal means to obtain and use another credit card, in line with fraudulent use of credit card. Borrow other people's credit card overdraft after refusing to return, it does not line with the fraudulent use of credit card fraud, also does not constitute malicious overdraft credit card fraud, meanwhile we should not ignore the responsibility of the cardholder's credit card fraud.