according to article 196 of the criminal law, anyone who engages in 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) Using forged credit cards;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft;
the malicious overdraft 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.
1. Article 196 of the Criminal Law commits the crime of credit card fraud under any of the following circumstances. If the amount of credit card fraud 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (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.
2. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act 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. Article 54 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs [Credit Card Fraud (Article 196 of the Criminal Law)] If one of the following circumstances is suspected, it shall be filed for prosecution:
(1) Using forged credit cards, or using credit cards fraudulently obtained with false identification, or using invalid credit cards, or fraudulently using other people's credit cards to conduct fraud activities, with the amount of five.
(2) Malicious overdraft, the amount of which is more than 1, yuan. The term "malicious overdraft" as mentioned in this article refers to that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being urged twice by the issuing bank. Malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, has been repaid in full before the public security organ files the case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.