Is it illegal for a friend to cheat by bank card?

The key is whether the parties know that the card is used for fraud when lending it to others. If he knows that it is used for fraud and lends it to him, then he is a criminal and must bear certain legal responsibilities. If you don't know that it is used for fraud when lending it to others, you need to bear the burden of proof and explain the situation to the public security organ. If you keep it improperly, you may bear civil liability.

Legal analysis

Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is not to defraud other illegal interests. Its goal should also exclude loans from financial institutions. Bank card fraud mainly includes criminals defrauding cardholders' account numbers and passwords through various means such as the Internet and SMS, resulting in financial losses for cardholders and card issuers. Once the parties know that others are cheating with their own bank cards, in order to prevent themselves from continuing to do evil, they should immediately report the loss to the bank and call the police to stop them from continuing to harm the interests of others and avoid bringing more trouble to themselves. After investigation, the judicial organs concluded that the parties did not know that the purpose of borrowing the bank card was to defraud, and were not accomplices, so they would not be investigated for corresponding illegal or criminal responsibilities. After investigation, the judicial organ finds that the parties subjectively know that there are illegal and criminal acts or provide assistance to them, and will investigate the corresponding illegal or criminal responsibilities. Malicious default on bank loans will also leave a bad record in the bank, and the bank will apply to the court for enforcement through litigation, which is illegal.

legal ground

Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.