tempestvideogame| Prosecutor: Suspected of credit card fraud for defrauding elderly people's bank cards
sourcetempestvideogame: Henan Legal News
□ Henan Legal News reporter Zhang Dong intern Li Menghua
basic case
In March 2023, Madam Zhang went to a bank in Kaifeng City to withdraw money. Because she was not familiar with ATM operations, she saw Zhang wearing a security uniform present and mistakenly thought Zhang was a bank staff member, so she asked Zhang for help. When Zhang was helping Mrs. Zhang operate the ATM, he learned Mrs. Zhang's bank card password.
After withdrawing the money, the two walked to a certain intersection together. Due to a moment of greed, Zhang took Mrs. Zhang's bank card under the pretext of helping Mrs. Zhang check her bank card balance and quickly withdrew cash from a nearby ATM. 1tempestvideogame.40,000 yuan. After succeeding, Zhang calmly returned the bank card to Mrs. Zhang.
After returning home, Mrs. Zhang felt that something was wrong. She went to the bank the next day to check the bank card balance and found that 1tempestvideogame.40,000 yuan disappeared and immediately asked the family to call the police.
Afterwards, Zhang actively reimbursed the loss and obtained Mrs. Zhang's understanding.
the verdict
The Procuratorate of Kaifeng Urban-Rural Integration Demonstration Zone filed a public prosecution against Zhang for suspected credit card fraud. In the end, the court sentenced Zhang to three months 'detention and fined 20,000 yuan for credit card fraud.
Prosecutor's statement
The focus of controversy in this case is whether Zhang's behavior was theft or credit card fraud. According to the provisions of the Criminal Law, falsely usetempestvideogameIf the amount of another person's credit card is large, it constitutes the crime of credit card fraud and will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and will also be fined not less than 20,000 yuan but not more than 200,000 yuan. According to the provisions of Article 5 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing Credit Card Management", anyone who defrauds another person's credit card and uses it is a situation of falsely using another person's credit card.
In this case, Zhang's behavior was consistent with the situation of defrauding someone else's credit card and using it. It not only infringed on Mrs. Zhang's property ownership, but also disrupted the order of national financial management, which is different from theft. Therefore, Zhang constitutes the crime of credit card fraud.
A gentleman loves money and takes it in a right way. While helping others, we must adhere to the bottom line of the law and never go astray due to a moment of greed.