Lenders of bank cards may be sentenced to fixed-term imprisonment of not more than five years, or criminal detention of not less than one month but not more than six months, and may also be fined. At this time, they are usually sentenced for suspected credit card fraud. If the bank card borrowing behavior does not constitute a crime, the borrower will generally be ordered to pay a fine.

The constitutive elements of the crime of credit card fraud are as follows:

1, the object of credit card fraud is the ownership of public and private property;

2. The crime of credit card fraud is objectively manifested as the actor defrauding public and private property in a large amount or repeatedly defrauding public and private property;

3. The subject of the crime of credit card fraud is a general subject, which can be constituted by anyone who has reached the age of criminal responsibility and has the ability of criminal responsibility;

4. The crime of credit card fraud is subjective and intentional, with the purpose of illegal possession.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount is relatively large, it 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.