SUCCESSFUL CASES
Using someone else's credit card constitutes the crime of credit card fraud.
[Case Introduction] A man named Liu encountered a "windfall" when he went to an ATM to withdraw money; he found a bank card that someone else had lost. Driven by greed, he withdrew 10,000 yuan from that bank card. [Case Analysis] Liu, who is just over thirty years old, is an employee at a company in Qingbaijiang. On the afternoon of August 30, 2014, shortly after 5 PM, he went to the bank's ATM to make a transaction and discovered a bank card left inside the machine. Upon checking the balance, he found it had over 14,000 yuan. Looking around and seeing no one was paying attention, Liu was suddenly filled with the intention to illegally possess the card.
[Case Introduction]
A man named Liu encountered a "windfall" when he went to an ATM to withdraw money, finding a bank card left behind by someone else. Driven by greed, he withdrew 10,000 yuan from the card.
[Case Analysis]
Liu, just over thirty years old, is an employee at a company in Qingbaijiang. On the afternoon of August 30, 2014, shortly after 5 PM, he found a bank card left in the ATM while trying to withdraw money. Upon checking the balance, he discovered it had over 14,000 yuan. Noticing no one was around, Liu was tempted to illegally possess the card and quickly withdrew 10,000 yuan before leaving the bank.
At that moment, the card's owner, Ms. Li, suddenly remembered she had forgotten to take her card and hurried back to the bank, only to find it was already too late. She immediately reported the incident to the police.
The police, through investigation and reviewing surveillance footage, identified Liu, who was waiting behind Ms. Li at the ATM, as a suspect. On September 5, after receiving a call from the police, Liu voluntarily went to the police station to confess, and the 10,000 yuan he withdrew was recovered and returned to the victim.
[Case Result]
While Liu was still reveling in his unexpected gain, he received a call from the police and turned himself in. On January 7, the People's Court of Qingbaijiang District in Chengdu sentenced Liu for this credit card fraud case, imposing a seven-month prison term with a one-year probation and a fine of 20,000 yuan.
Lawyer Zhang from Ningbo reminds that when conducting transactions at bank ATMs, one should not only pay attention to the surrounding safety but also promptly take and secure their bank card after completing the transaction to avoid losses. If someone else forgets to take their card, it is important to kindly remind them, and not let momentary greed lead one down the path of crime.
[Relevant Laws]
Liu's actions, aimed at illegal possession, involved using someone else's credit card for fraud, with the amount exceeding 5,000 yuan but less than 50,000 yuan, which is considered "a relatively large amount," constituting the crime of credit card fraud.
According to Article 196 of China's Criminal Law and related judicial interpretations, Liu should be sentenced to imprisonment for less than five years or criminal detention, and fined between 20,000 and 200,000 yuan. However, since Liu voluntarily turned himself in after the incident and truthfully confessed to the crime, he may receive a lighter or reduced punishment.
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