Legal analysis: Whether the guarantor who commits credit card fraud commits a crime depends on the fact that the guarantor knows about the criminal conduct committed by the credit card fraudster; if he knowingly guarantees that it is fraud, it is considered a crime. *Same crime should be investigated for criminal responsibility, otherwise, it does not constitute a crime.
Legal basis: "Criminal Law of the People's Republic of China and the People's Republic of China"
Article 25: Same crime refers to two or more people committing a crime together intentionally. If two or more persons commit crimes with the same negligence, they shall not be punished as having committed the same crime; those who should bear criminal responsibility shall be punished separately according to the crimes they committed.
Article 196: 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. A fine; 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. Imprisonment or 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;< /p>
(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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.