On The Judicial Determination Of The Act Of Cheating Money By Dropping A Bag ——Take Liu And Yu Theft、Credit Card Fraud As An Example

The economic development and the popularization of credit cards not only benefit people’s lives,but also give birth to the occurrence of credit card crimes and the changes of criminal methods.Among them,the characterization of credit card withdrawal behavior cannot be unified in judicial practice.Based on this,this article takes the real case of losing money and cheating money as an example,combined with other similar cases,to evaluate and analyze the cases discussed in this article,to discuss and study the application of the corresponding charges,and to discuss the relevant behaviors involving credit cards in detail.This paper is mainly divided into three parts.The first part: brief introduction to the case and the focus of the dispute.By introducing the basic case,the court’s verdict and the procuratorate’s reasons for protesting,this article summarizes the focus of the case: 1.Whether Liu and Yu constitute the crime of "stealing and using a credit card";2.Whether Yu constitutes credit card fraud crime.The second part: case analysis.The author commented on the above two controversies one by one.Regarding whether Liu and Yu constituted the crime of "stealing and using a credit card",the defendant Liu and Yu conspired in advance to induce the victim to reveal the password of the bank card,and then the two cooperated with each other to secretly steal the victim.The credit card is stolen and used,which is in line with the fictitious crime of "stealing another’s credit card and using it".Because the value of the credit card itself is extremely low,stealing the credit card and learning the password does not mean that the property has been obtained.Therefore,the court should The provisions of Article 196,paragraph 3,and Article 264 of the Criminal Code apply simultaneously.Regarding whether Yu constitutes the crime of credit card fraud,the author believes that there is no essential difference between the "deception" in "defrauding others’ credit cards and using them" and the "deception" in the crime of fraud.It is believed that it has obtained property,and at the same time,when analyzing this type of credit card fraud crime,it should also focus on analyzing and identifying the follow-up behavior of the perpetrator.Therefore,for the third crime,the author believes that Yu’s behavior conforms to the composition of "defrauding others’ credit cards and using them",and the crime of credit card fraud should be established instead of theft.The third part: reflections and suggestions.On the basis of case analysis,the author expresses his own opinions on the behavior of "defrauding others’ credit cards and using them",and puts forward his own thoughts and opinions on the legal provision of "stealing and using credit cards of others".The behavior type of "credit card and use" can better improve my country’s legal system and standardize judicial decisions.