恶意透支型信用卡诈骗犯罪的理解与司法认定

Understanding and judicial determinantian on malicious overdraft of credit card

为了准确认定恶意透支型信用卡诈骗犯罪,从"非法占有为目的"的理解、持卡人、"催收不归还"的认定3个方面对信用卡恶意透支的构成要件进行了剖析。分析认为:持卡人不仅限定为自然人,还应包括单位;"明知无力偿还"应包含在"非法占有为目的"之中;两次催收应为"有效性催收";不归还应区分情况对待。

To accurately identify malicious overdraft of credit card in the judicial practice, the under- standing for the purpose of illegal possession, cardholders, and not returning to the credit card were ana- lyzed as the three aspects of the concept of a malicious overdraft. By the analysis, the author thinks that cardholder are not only limited to natural persons and should also include units; knowing the inability to repay should be included for the purpose of being in illegal possession ; two collections should be effective collections; and not returning to the credit card should be distinguished.