Gain ground with each passing day as what the bank gets stuck, brush card to pay make new way of life, meanwhile, issue of credit card risk is increasingly outstanding. Do not know you help too alertly do sth for sb the small advertisement that the bank blocks? Does the bank that has noticed him under one's name appears to never be applied block account? Two look be like irrelevant its actually to have close connection, door check follows please below small make up will understand use false identity to cheat the case that gets credit card together.
Case reviewing
In June 2018, some comes to guilty suspect Chen Mou Beijing Wu labour, try to pass " short smooth fast " means earns money, see first " urgent need money, sweep 2 dimension to pile up " small advertisement contacts opposite party, the other side mails the 3 people Id such as some gives Wang Mou Chen Mou some, some is in Chen Mou respectively different subbranch of a bank risks Beijing some bank with Wang Mou information gets the 3 person portion such as some to block 3 pieces with the bank, be seized after. Procuratorate of channel of classics door head is examined lawfully and to sue, the court sentences Chen Mou of the accused person with blame of management of obstructive credit card some set term of imprisonment 10 months, punish golden RMB 10 thousand yuan.
Law link
" criminal law of People's Republic of China " the 177th one of [obstructive credit card manages a hardship]
Have one of following state, obstructive credit card manages, be in 3 years of the following set term of imprisonments or arrest battle, be in or sheet is in 10 thousand yuan of above 100 thousand yuan of the following fine; The amount is huge perhaps have other and serious plot, be in 3 years of above 10 years the following set term of imprisonment, be in 20 thousand yuan of above 200 thousand yuan of the following fine:
(One) knowing perfectly well is bogus credit card and hold, carry, perhaps be being known perfectly well is bogus blank credit card and hold, carry, the amount is larger;
(2) credit card of illegal hold other, the amount is larger;
(3) use false identification to cheat those who get credit card;
(4) sell, buy, offer bogus credit card to perhaps cheat the credit card that get with false identification for other.
Inquisitor view
Standing committee of countrywide National People's Congress " about < criminal law of People's Republic of China > the explanation that provides about credit card " regulation, criminal law sets " credit card " , it is to point to what by the commercial bank orgnaization of other perhaps finance issues to have consumption to pay, credit, turn Zhang settle accounts, access all function such as cash or the electron of partial function pays check.
In criminal law " credit card " include to have already overdraw functional credit card, also include those who access cash function to borrow write down card. In this case, some deals with guilty suspect Chen Mou borrow write down card to belong to " credit card " . Chen Mou some use other people is real identification, cheat for many times get credit card, violated the apiration of true identification personnel, belong to " criminal law of People's Republic of China " of one of the 177th the 3rd section provision " use false identification to cheat those who get credit card " case, the credit card that encroached a country runs a system, its behavior already was suspected of obstructive credit card managing a hardship.
Inquisitor clew
1. protects individual information, beware be risked to use. Broad citizen should enhance the consciousness that protects individual information, lose, by pilfer oneself answer to be cancelled in time after identity document, report the loss of sth, prevent to be used at illegal activity by the criminal. Once discover account of him bank card is doubtful, should do business in time to the bank site inquiry.
2. strengthens information to check, ensure testimony of a witness is consistent. When bank clerk is conducting calorie of business, want to check the Id information of person handling card seriously, affirm person handling card and Id message are true and identical, when the circumstance that once discovery is risked,with other identity conduction bank blocks, answer to call the police in time, assist public security mechanism to arrest guilty suspect.
Discipline of 3. abide by is abide by the law bright quadrature, not put fluky psychology. Do not want small ad of credulous street edge, to advocate easy to do " earn money " behavior maintains high vigilance, can seek advice to the judicial department when necessary or inform against.
