ray ban sunglasses Malicious Overdraft crime of cr

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Malicious Overdraft crime of credit card fraud

However, the establishment of specific conditions in different from that used fake credit cards, canceled credit cards and fraudulent use of another person's special about credit card fraud, the legitimate cardholder is subject to the subjective purpose of illegal possession, the objective must have exceeding the prescribed limit or time limit is set by the issuing bank is still not returned after collection, large amounts of these three elements. Only clear Elements to improve the type of malicious overdraft credit card fraud crime legislation. Chinese papers League finishing.

Malicious overdraft credit card fraud as an act of expression, conditions in the specific composition different from that of other types of credit card fraud in the special. At present, the theory department of community and the judicial practice of such knowledge constitutes a crime, there are many differences, this paper intends to malicious Overdraft elements of the crime of credit card fraud as well as legislative issues a preliminary study of improvement in order to improve the judicial and legislative practices have the benefit.

a correct understanding of or the issuing company's approval, allowing it to set aside funds over the amount of credit card use credit card spending. Credit card cash advance is one of the important functions of credit cards, bank credit card business is an important part of its essence is the issuing bank or company to provide a consumer credit cardholders. However, the constitution must comply with credit requirements for cardholders in the required funds within the period specified in accordance with the provisions of payment of interest, so that it constitutes a good advance, which is an act permitted by law. Credit card issued from our current perspective, in addition to foreign currency credit card types do not allow overdrafts, the vast majority of credit cards are allowed a certain amount of goodwill within the short-term overdraft.

judicial practice, a correct understanding of However, due to relevant laws,[link widoczny dla zalogowanych], regulations and rules did not distinguish between malicious overdraft and there is a big differences in standards. To take two representative views to Comment.

a view that the cardholder's credit card deposit in their own petty cash balance is less than the case management rules in accordance with credit cards and credit card statute, according to their actual economic situation within a certain limit of overdraft in overdrafts repayable within a prescribed period after the overdrafts and overdraft interest paid accordingly, shall be guilty of In contrast, malicious overdraft is legally authorized to limit the use of bank card holders, and deliberately taken out of current consumption of the actual ability to pay, or for the purpose of illegal possession, and consumption of surprise is to avoid taking responsibility for repayment of overdraft behavior. (Note: Suzheng Hong: type of malicious and criminal violations based malicious overdraft overdraft categories. Type of violation is not malicious overdraft for the purpose of illegal possession, but more than the limit of bank overdraft or term behavior, subjective cardholder does not want to escape responsibility for repayment of overdraft, objective, and overdrafts repayable by me more than my actual ability to repay , by the guarantor to repay. Type of crime is malicious overdraft is for the purpose of the cardholder to the illegal possession, refused to pay or disguised refuse to pay large amount of overdraft and behavior. Some type of malicious overdraft will be illegal (which critics call ; whether the active return. (Note: See Abudurexiti by wood. Card in Seoul, Zhang Guoji: that good and malicious overdraft overdraft essential difference between the content of the subjective will of the perpetrator is different with illegal possession of illegal intent of bank funds, constitutes malicious overdraft and no criminal intent in this, for the good overdrafts. That the overdraft should include both cases in good faith, that is perfectly legal misconduct in good faith and goodwill overdraft overdraft and overdraft mainly refers to the latter in good faith; malicious overdraft, according to the different degree of harm can be divided into the illegal type of malicious overdraft and crime type malicious overdraft, the former is a small amount of overdraft,[link widoczny dla zalogowanych], if the circumstances are obviously minor, the situation is not serious enough for criminal punishment, the latter is a relatively large amount or if the circumstances are bad, he breaks the law and should be criminal penalties for malicious overdraft. (Note: Ke Ge Zhuang: not for the purpose of illegal possession of over the limit or overdraft limit, and afterwards to take the initiative to repay the overdraft overdrafts are good or malicious overdraft. The first view it as a malicious overdraft, the second view it as good overdrafts. Second, although both views will be divided into non-compliance based malicious overdraft overdraft overdraft and crime-based malware, but the specific content is not the same. Specifically, the first view of the illegal type of malicious overdraft not only for the purpose of illegal possession but the behavior. The second type of malicious overdraft point in irregularities, including illegal possession only for the purpose of exceeding the specified limit or less than the amount of time a large overdraft and overdraft. As for the type of crime malicious overdraft extension, the two views are basically the same.

I think that the existing laws, rules and regulations of the conditions,[link widoczny dla zalogowanych], the second view is reasonable. Despite the Illegal possession for the purpose of exceeding the specified limit or time limit overdraft and collection by the issuing bank even after the return of behavior. to be overdrawn is good. Distinguish between good and malicious overdraft overdraft fundamental criterion is to see whether the perpetrator of illegal possession of subjective purpose, as the objective is beyond the limit, limit overdraft, overdrafts by the Bank to return such collection is determined whether the acts of the will of the contents of subjective symptoms table only to facilitate external, visually identified the perpetrator of illegal possession of subjective purpose,[link widoczny dla zalogowanych], not of decisive significance. Even more than the implementation of the provisions of the cardholder, or specified period of the overdraft limit, if the collection returned by the issuing bank, should a , cardholders should not be any way constitute a presumption of malicious overdraft. The so-called goodwill

typical overdraft, that is, credit card holders in accordance with the provisions of Articles of Association and related agreements, the provisions of overdraft limits and within the prescribed period, and repayment of overdrafts and overdraft interest rate behavior. The so-called goodwill improper advances, is beyond the credit card holder although the Constitution and the provisions of the agreement limit or overdraft limit, but the actors do not have the subjective purpose of illegal possession, collection in the bank after the timely return of overdrafts and overdraft interest rate behavior. Advance beyond the provisions of the perpetrator, usually unintentional, but the cardholder may also be interested in for some emergency reasons or the duration of overdraft exceeding the prescribed limit. This improper advances, objective and show a certain law or violation, but the perpetrator does not have the purpose of illegal possession does not constitute malicious overdraft, according to regulations and protocols in addition to the cardholder to pay double interest, but do not assume other any responsibility.

Second, malicious overdraft Analysis

conviction in the , theorists have a different understanding. Some commentators have objected to the behavior of malicious overdraft conviction that the credit card as a risk business of commercial banks, issuers of both the business should risk the consequences, not to the amount of the cardholder the amount of overdraft as Zuiyufeizui boundaries, if the cardholder breach of the agreement, over limit or overdraft limit, and even inadequate or unable to repay credit funds by the cardholder can only deal with breach of contract or tort, not abuse

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