论信用证诈骗罪

On Crime of Fraud on Letter of Credit

信用证诈骗罪侵犯的主要客体是国家对信用证的管理制度，在实施骗取信用证进行诈骗时，公私财物的所有权仅是一种选择客体。客观方面表现为《刑法》第１９５条规定的四种方式。信用证诈骗罪在某些情况下也存在既遂、未遂之分。应当区分本罪与伪造、变造金融票证罪的界限。对盗窃他人信用证后又加以使用、利用信用证诈骗银行“打包贷款”的行为应按本罪论处。

The chief object invaded by crime of fraud on letter of credit is letter of credit administrative system of a country. While fraud on letter of credit is committed, ownership of public or private property is only a selective object. The objectivity demonstrates the four ways provided in clause number 195 in Criminal Law. On some occasions, there is a division of accomplished offense and unaccomplished offense in crime of fraud on letter of credit. The demarcation line between this crime and crime of forging and altering financial instruments and cards should be drawn. The act of stealing other's letter of credit and using it afterwards, and the act of defrauding bank to 'pack credit' by using letter of credit should be punished for this crime.