Consequences of transferring a bank card to other persons in China: laws, punishments

Recently, defendant Hu, who was persecuted by the Yan'an City People's Procuratorate, was sentenced to 10 months in prison and fined 2,000 yuan by the Yan'an City People's Court.


Reportedly, on July 9, 2021, Defendant Hu and a stranger agreed to sell his bank cards at a price of 2,500 yuan per set (mobile phone, bank card, Internet banking, USB shield), then Defendant Hu used his ID card, to apply for four sets of bank cards in Handan, Hebei and Changping District in Beijing, and sold them to this person. After preliminary investigation, it was found that the total amount of payments and settlements on four bank cards amounted to more than 3.25 million yuan.


Information technology is a double-edged sword, as with rapid development, security risks and threats gradually appear. The combination of traditional fraud and modern information fraud is becoming more intense, and the methods of fraud are endless, which seriously affects people's sense of security, harmony and stability of society.


The Chinese Procuratorate reminds the general public to protect their personal information, ID numbers and bank card information in their daily lives and not to share this information with others, renting or selling personal bank cards is prohibited, otherwise it is highly likely that they will become a weapon crimes.


Pursuant to Article 12 of the Clarification of the Supreme People's Court and the Supreme People's Procuratorate of China on Certain Issues of Enforcement of Laws in Criminal Cases on the Illegal Use of Information Networks and Promotion of Criminal Activities, any of the following circumstances are recognized as "grave circumstances" under the first paragraph of Article 287-2 of the Criminal Code :


(1) Providing assistance to three or more objects;

(2) The payment and settlement amount exceeds RMB 200,000;

(3) Providing funds over 50,000 yuan through advertising;

(4) illegal profits of more than 10,000 yuan;

(5) persons subjected to administrative punishment for illegal use of information networks, facilitating criminal activities in information networks or creating a threat to the security of computer information systems for two years, as well as facilitating criminal activities in information networks;

(6) the crime committed by the person being assisted resulted in serious consequences;

(7) Other circumstances where the circumstances are serious