论使用以虚假的身份证明骗领的信用卡之行为

Reflections on the Conduct of Using Credit Card Obtained by Fraud with False Identification Paper

使用以虚假的身份证明骗领的信用卡中的“使用”,是指按信用卡通常的使用方式使用;“骗领”仅限于以虚假的身份证明骗领,不包含使用真实身份证明但采用虚构资信材料、提供虚假担保等欺骗手段骗领信用卡的情形。使用以虚假的身份证明骗领的信用卡并非当然构成信用卡诈骗罪,不具有骗取财物的目的或意图者应排除在外。对盗窃以虚假的身份证明骗领的信用卡后又予以使用并取得了大量财物的行为,不能按盗窃罪定罪处罚,仍然只能定信用卡诈骗罪。

The term of “using” in this article refers to using credit card in its usual way; “obtaining by fraud” only refers to obtaining credit card by fraud with false identification paper, not including the situation of using real identification paper but fictitious credit data or providing falsified warranty to obtain it. Using credit card obtained by fraud with false identification paper should not certainly be published for crime of fraud on credit card because the situation in which the doer has no intent of defrauding property should be excluded. If the doer steals the credit card obtained by fraud with false identification paper, then uses it and obtains large numbers of articles of property, he should not be punished for crime of theft and still should be punished for crime of fraud on credit card.