Legal analysis: Credit card registration standards: According to relevant laws and regulations, anyone suspected of one of the following circumstances shall be prosecuted:
1. Using forged credit cards or defrauding others with false identity certificates Received credit cards, invalidated credit cards, or fraudulently used other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan.
The term "false use of other people's credit cards" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:
(1) Lost other people's credit cards and Use;
(2) Defraud other people’s credit cards and use them;
(3) Steal, bribe, defraud or obtain other people’s credit card information through other illegal means, and use it through the Internet, Used by communication terminals, etc.;
(4) Other situations of fraudulent use of other people’s credit cards.
2. Malicious overdraft of more than 10,000 yuan.
If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 190 of the Criminal Law. "Malicious overdraft" as stipulated in Article 6. Any one of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) Overdrafting a large amount of money knowing that one has no ability to repay, Unable to return;
(2) Spending the overdraft funds wantonly and unable to return;
(3) Escape after overdraft, change contact information, and avoid bank collection;
(4) Escape and transfer funds, conceal property, and evade repayment;
(5) Use overdraft funds to carry out illegal and criminal activities;
(6) Other acts of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. 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 a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge Or if there are other particularly serious circumstances, he 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 his property shall be confiscated:
(1) Using a counterfeit 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.