恶意透支型信用卡诈骗罪相关问题分析

Analyze the Problems Related with Malicious Overdraft Credit Card Fraud

恶意透支型信用卡诈骗罪具有区别于传统型信用卡诈骗罪的显著特征和特有的犯罪构成要件。在犯罪主体上,其属于身份犯,信用卡申领人方具有犯罪主体资格,借用人不能单独构成该类型犯罪;恶意透支型信用卡诈骗罪非法占有目的的推定需要综合行为人的各种行为加以考察,不能客观归罪,也不能仅以发卡行催收后拒不归还来推定主观上的非法占有目的;发卡行催收行为的实施应自透支期限届满后以有效的方式能够确使申领人知晓为标准;行为人的透支数额不应包括其应支付的利息,对于行为人利用多张信用卡实施的透支行为,其透支数额的计算应当进行累加。

Malicious overdraft credit card fraud is different from traditional credit card fraud in characteristics and crime elements. As far as a crime subject is concerned, he or she belongs to the category of an identify criminal. The credit card applicants have qualifications of crime subjects. The card borrowers can not alone constitute this crime. Whether he or she commits malicious overdraft credit card fraud for illegal possession should be deduced by taking various behaviors into consideration and should not be objectively convicted. It should not be judged by thinking the card issuing banks urge the overdraft person to pay back money so that it is considered as a subjectively illegal possession. The card issuing banks should urge the overdraft person to pay back money in a legal way after the deadline for paying back the money is reached, the standard of which is whether the overdraft person is informed or not. The amount of overdraft should not include interests he or she should pay. If an overdraft person uses several cards to commit overdraft, the amount of overdrawn money should be added.