In the case that a card provider provides the bank card to an actual card user for normal use,that is,the card user does not use the bank card to carry out illegal criminal activities,while the card provider with the purpose of illegal posses-sion,against the will of the card user,reports the loss of the old card and replaces it with a new card(hereinafter referring to as"cutting off the card"),the nature of the card provider's conduct shall establish the crime of theft.Even if there is no with-drawal of money from the bank card,the card provider shall complete the crime of theft,and the object of theft is the proprie-tary interests that money can be withdrawn or transferred from this bank card at any time.In the case that a card provider pro-vides the bank card to an actual user for telecom fraud(non-joint offenders)and other crimes,if the card provider against the will of the card user cuts off the card,the nature of the card provider's conduct shall not be treated as a property crime,even though this cutting off conduct is in line with constituent elements of the property crime,but it is also improving the possibility of victims to recover their property losses of such telecom fraud,so there is legitimate offense to prevent the illegality of this conduct.In the case that a card provider cuts off the card,then withdraws money from this bank card with the purpose of ille-gal possession,the nature of the card provider's conduct shall establish relevant property crime.The nature of conduct of withdrawing money for the bank card does not infringe the property of the telecom fraudster(not the so-called"black eat black"),but do infringe the possession and ownership of the money in cash registered within the bank card which is under the bank management,so it should be identified as the crime of theft or the crime of fraud according to the nature of the withdra-wing conduct.
Cutting off the CardWithdrawing ConductThe Object of ConductThe Crime of MisappropriationThe Crime of TheftThe Crime of Fraud
NETL
NSTL
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