What are the criminal acts of credit cards: Forgery of credit cards The so-called forgery of credit cards refers to credit cards made by imitating the texture, pattern, plate, pattern and magnetic stripe password of credit cards. The so-called use refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property. Including buying goods with forged credit cards, withdrawing cash and accepting various services with forged credit cards. Fraudulent use of others means that a non-cardholder uses the cardholder's credit card to defraud property in the cardholder's name. According to China's regulations on credit cards, credit cards are limited to legitimate cardholders and cannot be lent or transferred, which is also a principle generally followed by all countries. However, if the credit card and the ID card are put together and lost at the same time, it may create opportunities for thieves or thieves to use them falsely. After obtaining someone else's credit card, these thieves may take advantage of the time difference before the cardholder discovers the loss, or take advantage of the convenience of stop payment management, impersonate the identity of the card owner, imitate the signature of the card owner, and go shopping at credit card merchants or banks to withdraw money or enjoy services. These are several common cases of fraudulent use of other people's credit cards. Malicious overdraft refers to the behavior of allowing customers to spend more than their account funds with the approval of the bank when the customers who open the bank account have no funds or insufficient funds. Overdraft is essentially a bank lending money to customers. The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who overdraw beyond the prescribed limit or refuse to return it after being urged by the issuing bank within the prescribed time limit for the purpose of illegal possession. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior.

legal ground

Criminal law of the people's Republic of China

Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "