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Taken by the perpetrator of theft, robbery, fraud, snatch, encroachment (pick up, custody), mortgage, borrowing and other means to get people's credit card to be used to infringe on other people's property ownership and bank financial management order, the applicable law to be convicted and punished, causing many The highly controversial. Judicial practice in response to these acts, some according to the means of obtaining credit cards were identified, \access to credit card and using convicted and punished in accordance with the principle of stealing a credit card and use, respectively, identified as theft, fraud, snatch crimes, embezzlement, robbery. Some all convicted of theft as of Professor Zhang Mingkai in the writings of the \as it should be to set up the theft, because the machine can not be deceived; Some credit card fraud conviction, because no matter how to obtain the behavior which the fraudulent use of credit card usage behavior is credit card fraud. I have engaged in criminal prosecutions years, contacts and handle a large amount of credit card fraud cases, this has a strong emotional awareness, is proposed from the point of view of judicial practice and vision, to reveal the nature of the theft of other people's credit card and use, the use of borrowed credit card overdraft The nature of controversial issues, reflection and research, and proposed to solve the above problems tendentious perspective. In my opinion regardless occupy other people's credit card process is legitimate, as long as contrary to the legitimate cardholder will have no right, ultra vires, good at the right to use other people's credit cards, all belong to the fraudulent use of credit card behavior of others. Through the pick-up, custody, mortgages and other legal means to obtain people's credit card and use as well as fraud, snatch theft, robbery and other criminal means to get people's credit card and use, in line with the fraudulent use of credit card fraud. Theft is wrong provisions of stealing a credit card and use; borrow another credit card overdrafts without not returned, not of course constitute fraudulent use of credit card fraud, of course, does not constitute a malicious overdraft credit card fraud, malicious overdraft should not lose sight of the cardholder's responsibilities.
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