How to characterize credit card fraud? The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities. Article 5 of the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" stipulates: Use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards or fraudulently use other people's credit cards. Credit cards, if the amount is more than 5,000 yuan but less than 50,000 yuan, and the amount is more than 5,000 yuan but less than 50,000 yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be It shall be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. Article 196 of the Criminal Law stipulates: Whoever commits credit card fraud under any of the following circumstances and 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years or a fine of not less than 50,000 yuan but not more than 500,000 yuan. Life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (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 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. Malicious overdraft Overdraft refers to the behavior of a customer who has set up an account with a bank and allows the customer to spend more than the funds on his account with the approval of the bank when the account has no funds or insufficient funds. An overdraft is essentially a bank lending money to a customer. The so-called malicious overdraft, according to the provisions of the crime of credit card fraud in Article 196, Paragraph 2, of the Criminal Law, refers to a credit card holder who, for the purpose of illegal possession, overdrafts beyond the prescribed limit or within the prescribed period and fails to return the money even after being called upon by the card-issuing bank. Behavior. The essential difference between a bona fide overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debts. According to the provisions of the Criminal Law, in addition to committing one of the above four acts, the perpetrator must also meet the requirements of a relatively large amount. If the amount is not large, even the above behavior is illegal and does not constitute a crime. As for what constitutes a “large amount”, there is currently no clear judicial interpretation. However, according to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, larger amounts of personal fraud refer to more than 5,000 yuan. The starting point for a larger amount of credit card fraud can be based on this provision and is preferably 5,000 yuan. Credit cards are very important nowadays. Many people will choose credit cards to solve their urgent needs during the consumption process of the month. However, credit cards must be repaid in a timely manner within the specified time. If you cannot repay, you will be suspected of credit card fraud and you must be held accountable according to law. . In the scope of credit card fraud, it not only refers to credit cards, but also includes common bank cards, debit cards, storage cards, etc. In life, we often use credit cards for consumption, because the current month's consumption is usually returned next month, so credit cards are the cards that many people prefer. Some criminals will use credit cards to obtain large amounts of money, causing huge economic losses to banking institutions. There are clear regulations on the definition of credit cards to protect the legitimate rights and interests of banking institutions from being infringed.