Analysis of the actual cardholder not constitute malicious overdraft credit card fraud（分析实际持卡人不构成恶意透支信用卡欺诈）.doc

Analysis of the actual cardholder not constitute malicious overdraft credit card fraud Malicious overdraft credit card fraud abstracts “Cardholder” refers only to the registered cardholder, does not include the actual cardholder. The actual cardholder registered cardholder inconsistent registered cardholders malicious overdraft credit card defraud the principal, actual cardholder should not be held criminally liable even if it is confined to the current legislation identity committed with an accomplice in the case of common crime, and it is not identified the actual cardholder constitute accomplice of malicious overdraft credit card fraud , can be considered at this time to identify the actual cardholder constitute fraud. Papers Keywords registration cardholder the actual cardholders malicious overdraft identity guilty What is malicious overdraft cardholders Called cardholders according to the relevant provisions of the Bank, in accordance with the appropriate procedures, the use of himself or entrust others to use my identification and proof of financial resources to the bank to apply for a credit card, and that actual claimant of the credit card, apply for information on registration. Real life, however, tend to occur registration cardholder will lend its credit cards or entrust others to use the case, the nature of the actual use by using another person’s credit card behavior must discuss and research and we believe that, in the areas of malicious overdraft , norms within the meaning of the cardholder and the legitimate cardholder credit card actual claimant or registered cardholders, but does not include the claimant or cheat to obtain credit card malicious overdraft and malicious overdraft, because cheat to obtain the credit card actually belongs to “false” using the “real” card malicious overdraft, Angelica are lt;lt; Penal Code gt;gt; Article 196, first paragraph, first paragraph: “Using a credit card or cheat to obtain false identification