According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card fraud is a kind of fraud, and the relationship between this crime and fraud is between special law and general law. Credit card is a criminal tool in this crime. If an actor uses a credit card as a criminal tool to engage in fraudulent activities, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law. Not the target of crime. Therefore, the crime of credit card fraud, in short, is a criminal activity of using the credit embodied in credit cards to defraud.
According to the Criminal Law Amendment (V): 2. Article 196 of the Criminal Law is amended as: "Whoever commits credit card fraud in 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;
"(three) using another person's credit card;
"(4) Malicious overdraft.
Therefore, using someone else's ID card to run a bank overdraft card of 500,000 yuan and deliberately owing money constitutes the crime of credit card fraud.