Cheng Case Analysis Of Credit Card Fraud

In judicial practice of courts at all levels in our country, the criminal classes crime of infringement of property type crime always occupy a high proportion, notably the larceny, fraud and embezzlement is the most frequent and common. But due to the above three kinds of crimes’ constitution have the certain similarity, so in view of the behaviors of the same criminal suspects, in judicial theory and practice, and whether there might be to constitute a crime, what constitutes a crime of disagreement and debate.Based on the credit card fraud Cheng the case as the breakthrough point, through the analysis of the focus of debate in the case study, and combined with case study on special crime situation mentioned above, the difference between a eventually concluded that under the conditions given in this paper, and the behavior of the criminal suspect should eventually be qualitative that conclusion for credit card crime of fraud and theft.From the whole structure, this paper can be divided into three parts.The first part through the agency to choose basic case, the court to the case and the focal point of controversy, is proposed in this paper, the problems for study, namely, the behavior of the suspect in the case of should be condemned, that should be why the problem of sin.The second part is the focus of this article, the main content is to further analysis of the proposed problem, and this paper expounds the case the defendant of the behavior of the structure does not constitute embezzlement and fraud.The third part mainly analyzes some legal issues involved in this case, and the defendant in the case has carried on the qualitative behavior of the legal nature, according to the different methods of withdraw the defendant constitute its behavior respectively credit card crime of fraud and theft.