Legal subjectivity:

1. What behaviors may constitute the crime of credit card fraud. This crime objectively manifests itself in the use of forged or altered credit cards, or the fraudulent use of other people’s credit cards, or the use of credit cards Malicious overdrafts, defrauding public and private property, and large amounts of money. The specific behaviors are as follows: 1. Using counterfeit credit cards to commit fraud. The so-called use includes various services such as purchasing goods with a credit card, withdrawing cash from banks or ATMs, and accepting credit cards for payment and settlement. The “counterfeit credit card” here refers to the counterfeit credit card stipulated in Article 177 of this Law, that is, a credit card manufactured using various illegal methods. For counterfeit credit cards, some are used by the counterfeiters themselves to carry out fraudulent activities, and some are sold or given to others by the counterfeiters, who then use them to carry out fraudulent activities. Whether it is used by oneself or by others, for the user, it is a situation of "using a counterfeit credit card". The use of counterfeit credit cards, whether to make purchases or receive various paid services, is fraudulent in nature. 2. Use an expired credit card to commit fraud. The so-called expired credit card refers to the use of a credit card that has become invalid due to legal reasons. According to relevant regulations, invalidated credit cards mainly include the following types: (1) Credit cards automatically expire after their effective use period. Depending on the card-issuing bank and the type of credit card, the valid period of use of the credit card also varies, ranging from one year to two years to three years or longer. If you no longer use the credit card after the effective period of use or if you still need to continue using it and go through the card replacement procedures, you should return the expired credit card to the issuing bank or card issuing company. (2) The credit card holder stops using the card halfway within the validity period. At this time, although the validity period of the credit card has not expired, it will be invalid after the card return procedure is completed. (3) The credit card becomes invalid due to reporting the loss of the credit card. 3. Pretending to use other people’s credit cards to commit fraud. The so-called fraudulent use of other people’s credit cards refers to the behavior of non-card holders using the card holder’s credit card in the name of the card holder to defraud property. For example, using a found credit card; using a credit card kept for the cardholder to make purchases without the cardholder’s consent, etc. 4. Use a credit card for malicious overdraft. A credit card overdraft means that when the cardholder has insufficient funds or no funds in the credit card account of the bank that issued the card, the cardholder can still use the credit card for consumption with the approval of the bank. A credit card overdraft is essentially a consumer credit provided by the bank to the cardholder, which allows the cardholder to make purchases first if the funds are insufficient, and then the cardholder will replenish the funds later and pay a certain amount of interest as required. In my country, all card-issuing banks generally stipulate that cardholders are allowed to make short-term good faith overdrafts within a certain limit. In practice, some criminals take advantage of the overdraft feature of bank credit cards for the purpose of illegal possession. They still fail to return the overdraft after being called by the card-issuing bank, or abscond and conceal their identity after a large overdraft to evade repayment responsibilities. This behavior is called This is the so-called fraud crime of using credit cards to maliciously overdraft. The crime must be a large amount of credit card fraud. "A relatively large amount" is the main limit for the crime of credit card fraud. For credit card fraud that does not involve a relatively large amount, administrative liability and civil liability can be pursued. 2. How to Sentence the Crime of Credit Card Fraud Anyone who commits this crime 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 not less than five years but not more than 10 years. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than 10 years or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or Confiscation of property. The so-called serious circumstances mean that the amount of fraud is huge or there are other serious circumstances. The amount here is huge. According to relevant judicial interpretations, it refers to those who defraud more than 50,000 yuan.

As for other serious circumstances, it mainly refers to those who use advanced technical means to forge and then use them; the ringleader of a criminal group that uses credit cards to commit fraud; those who use credit cards multiple times to commit fraud and refuse to change; those who have caused huge losses to other people's public and private property due to their fraudulent behavior losses; causing adverse effects due to his actions; etc. The so-called "particularly serious circumstances" refer to particularly huge amounts of fraud and other particularly serious circumstances. The starting point for a particularly large amount is 200,000 yuan according to relevant judicial interpretations. As for other particularly serious circumstances, it mainly refers to those who use credit cards to commit fraud crimes as a regular business; those who are repeat offenders, habitual offenders or multiple offenders; those who have multiple serious circumstances; those who have caused particularly serious economic losses to others due to their fraudulent activities or other particularly serious consequences; using defrauded property to commit other serious criminal crimes, causing particularly bad effects due to his actions; etc. The law is objective:

Article 196 of the Criminal Law: Whoever commits credit card fraud in 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 20,000 yuan A fine of not less than 200,000 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 10 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 , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) ) Using an expired credit card; (3) Pretending to use another person’s credit card; (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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.