Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of credit card fraud. If the amount is relatively large, he 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 particularly 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 his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (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.
How to judge credit card fraud
Whoever fraudulently uses another person's credit card to commit fraud must subjectively have the purpose of defrauding other people's property. Only the subjective intention of fraud and the objective behavior of fraudulently using other people's credit cards can constitute this crime. In practice, some credit card holders lend their cards to others, such as their relatives and friends. In the form of expression, users also fraudulently use other people's credit cards, but the behavior of users fraudulently using other people's credit cards is recognized by cardholders. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively take possession of the cardholder's property for the purpose, so it does not have the essential characteristics of credit card fraud.