Qualitative Analysis Of Fraudulent Use Of Personal Credit To Pay For Products

Personal credit payment product is a consumer credit product developed by the Internet.Credit payment instruments issued by financial institutions or non-financial institutions to consumers on the basis of consumers’ personal credit for the buying of lasting articles of consumptions or other expenses,and which are repaid on a regular basis by consumers.With the popularization of convenient payment,fraudulent use of other people’s personal credit to pay for products in judicial practice continues to increase,and there are differences between theft and fraud.By nature,personal credit payment products are consumer credit contracts rather than credit cards.Since it does not have the qualifications of a card issuer in form,and does not have the functions of value-added factoring,asset certification,pledge guarantee,etc.of credit cards in essence,it cannot be evaluated as a credit card in the criminal law,and cannot constitute a crime involving credit cards and credit card information.As far as the act of trespassing on property is concerned,the act of fraudulently using personal credit to pay for products is "fraudulent use" rather than "embezzlement".Since such cases are characterized by the separation of the nominal subject and the actual subject in the process of infringing property,and the identity information of the account owner is an important matter in the consumer credit contract,the perpetrator deceives the important matter and makes the small loan company Falling into the misunderstanding of making advances that ultimately lead to direct impairment of property should be evaluated as fraud rather than theft.On this basis,fraudulent use of personal credit to pay for products is a triangle scam not a loan scam.Since the victim is the owner and not the financial institution,and the victim is not the same as the deceived,this type of behavior has the characteristics of a triangular fraud.