The concept of credit card fraud: For the purpose of illegal possession, the perpetrator violates credit card management regulations and uses credit cards to conduct fraudulent activities, and the amount is relatively large. If the perpetrator uses a forged, invalidated, fraudulently used or fraudulently obtained credit card to commit fraud, and the amount is more than 5,000 yuan; or if the amount of malicious overdraft is more than 10,000 yuan, it may constitute a crime of credit card fraud.

Legal Basis

Article 54 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"

Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, Or fraudulently use other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.