Breaking the law.
According to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards":
Article 5: Use forged credit cards, use false If a person obtains a credit card fraudulently using his/her identity certificate, uses an invalid credit card, or uses another person's credit card to commit credit card fraud, and the amount is more than 5,000 yuan but less than 50,000 yuan, it shall be deemed as a "larger amount" as stipulated in Article 196 of the Criminal Law. "; If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 1.
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.
According to relevant legal provisions, anyone suspected of one of the following circumstances shall be prosecuted:
1. Using forged credit cards, fraudulently obtaining credit cards with false identity certificates, or invalidated credit cards Or fraudulently use 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.
References for the above content: Laws and Regulations Database-Impairing Credit Card Related Issues, Baidu Encyclopedia-Credit Card Fraud