On The Judicial Cognizance Of Credit Card Withdrawal By Forgetting On The ATM Machine

With the growing prosperity of market transactions,China is now changing from "cash payment"to "credit card payment".With the increasing use of credit cards,it provides convenience for people and creates significant security risks for the people’s storage and transaction.One of the more typical ones is that the defendant makes use of others’ oblivion on a ATM credit card.This kind of act should be the crime of embezzlement,theft or credit card fraud.There is a great controversy in the judicial practice at present.Although in 2008 the Supreme People’s Procuratorate "about picking up other people’s credit card and automatic counter machine member(ATM)approved the issue on how to use the act"(from May 7,2008 onwards),picking up another credit card and use behavior on ATM belongs to the "196th provisions of the third paragraph of the criminal law" impersonation credit card case,credit card fraud shall be prosecuted for criminal responsibility,and the Supreme People’s court is not on the issue of judicial interpretation,resulting in different judgments in local courts.In this paper,through the analysis of a typical case,after arguing with the difference between the crime of fraud,three counts from the nature of embezzlement,theft,credit card,from which the elements of the crime of detailed analysis and demonstration,the types of controversial cases got good answer.