If a charge of overdue credit card fraud constitutes a crime of credit card fraud, the court's judgment will be based on the amount of the fraud: if the amount is larger, the person will be sentenced to fixed-term imprisonment of not more than five years or criminal detention and a fine; for the amount If the amount is huge or the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined; if the amount is particularly huge or the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. Specific behaviors of credit card fraud include forging credit cards, impersonating others, malicious overdrafts, etc.

Legal Basis

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not more than 100,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using counterfeit credit cards , or using a credit card fraudulently obtained with false identification; (2) using an expired credit card; (3) fraudulently using another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.