Legal analysis: Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be put on file 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 engage in fraud activities, with an amount of more than 5, yuan; (two) malicious overdraft, the amount of more than 1 thousand yuan. The term "malicious overdraft" as mentioned in this article means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return the overdraft for more than three months after being twice urged 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.

legal basis: article 148 of the civil code of the people's Republic of China

if a party commits a civil legal act against the true meaning by fraudulent means, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

article 149 if a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

article 15 if a party or a third party coerces the other party to commit a civil juristic act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.

Article 192 of the Criminal Law of the People's Republic of China

Whoever illegally raises funds by fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

if a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.

article 266 whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.