No.: Should be based on the bank statement owed.

Second: If you really have no money, pay the minimum payment first

Article 196 of the Criminal Law

Under one of the following circumstances, credit card fraud is committed 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 or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 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 a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

( 3) Fraudulent use of other people’s credit cards;

(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.

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

Regulations on the Prosecution Standards for Economic Crime Cases Supreme People's Procuratorate and Ministry of Public Security

Forty-six. Credit Card Fraud Cases (Article 196 of the Criminal Law)

Carrying out credit card fraud Activities suspected of one of the following circumstances shall be prosecuted:

1. Using forged credit cards, using invalid credit cards, or falsely using other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan. ;

2. Malicious overdraft, amounting to more than 5,000 yuan.