Guide: Many friends like to use a bank card for POS card spending when they go out. But do you know that personal information security may be threatened by swiping in informal consumption places? What crime is caused by stealing credit card information using pos machine? Please see the case below.
Case Description: Using a POS machine to steal credit card information
Between September 2015 and March 2016, Ding produced and sold online POS modification modules with the function of stealing credit card information for others to steal credit card information. On February 25, 2016, Cao purchased the conversion module with the function of stealing credit card information from Anyuan (handled separately) at the price of RMB 2010 yuan. Hou An bought the conversion module from Dingmou at a price of RMB 1,000. Let Ding send the module to Cao by express. After receiving the modification module, Cao used the module to modify his own POS machine and use the POS machine in his own store, stealing information about 34 other people's credit cards. According to investigations conducted by the public security organs, six credit card information were sufficient to falsify credit cards that can be traded. The credit cards of the victims Cao, Gu, Fu, Zou, Li, Chen, and others were stolen after being used in the store.
Court ruling: constitutes the crime of stealing illegal credit card information
After the court heard that Cao had stolen the credit card information of others, it was enough to falsify the credit card that can be traded. The number of credit cards was huge, and his behavior constituted the crime of stealing credit card information. Ding Mou produces a special tool that can steal other people's credit card information and sell it to Cao through An, to help Cao steal credit card information, and his behavior also constitutes the crime of stealing credit card information, and is a joint crime. The charges accused by the public prosecution agency were established and the Court supported it. After Cao’s case, he automatically surrendered the case and was able to truthfully confess his own criminal facts. He had a self-reported plot, combined with his positive compensation and obtained some of the victim’s understanding and other penitent performances, and mitigated the punishment according to law. Ding Mou plays a supporting role in joint crimes and is an accomplice, which can be mitigated. After Ding Mou’s return to the case, he was able to truthfully confess his criminal facts, and he had a frank plot and could be given a lighter punishment.
Lawyer's statement: what constitutes a crime
Article 177 of the Criminal Law of the People's Republic of China stipulates: "If one of the following circumstances jeopardizes the management of credit cards, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined at a cost of not less than 10,000 yuan but not more than 100,000 yuan. If the number is huge or there are other serious circumstances, it shall be sentenced to imprisonment of not less than three years and not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan:
(1) holding or transporting a credit card that is known to be a forged credit card, or holding or transporting it, knowing that it is a forged blank credit card;
(2) illegally holding other people's credit cards, the number of which is large;
(3) using a false identity certificate to defraud the credit card;
(4) Selling, purchasing, providing a forged credit card to another person or a fraudulent credit card with a false identity.
Anyone who steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. â€
The crime of stealing, buying, and illegally providing credit card information refers to the act of stealing, buying, and illegally providing credit card information. The objective aspect is the act of obtaining by secret means or exchanging money, material, etc. with other people's credit card information, or violating relevant regulations. , the act of providing credit card information of others privately. Specifically, "stealing" refers to the act of obtaining credit card information of others by secret means (including voyeurism, shooting, copying, and high-tech methods, etc.).
In this case, Cao and Ding violated the national credit card management regulations and modified the POS machine to steal other people's credit card information. The behavior violated the state's credit card management order and violated the crime of stealing credit card information.
The above is a case study on "What constitutes a crime by using a POS machine to steal credit card information". For specific questions, you are advised to consult a professional criminal lawyer to help you solve problems.
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