Legal analysis: The process of filing a credit card fraud case is roughly as follows:
1. First, the parties submit relevant materials to the public security organs and state the details of the case;
2. Provide corresponding evidence materials, such as bank statements of the defrauded money, the criminal suspect’s registration information when applying for a card and account, etc., cooperate with the public security organs to make records, and obtain a report receipt;
3 . The public security organs will investigate the materials that have been accepted and file the cases that need to be filed.
Legal basis: "Criminal Procedure Law of the People's Republic of China"
Article 108: Any unit or individual who discovers criminal facts or criminal suspects has the right to They are also obliged to report or report the case to the public security organ, the People's Procuratorate or the People's Court. Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts. The public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. For matters that are not within one's jurisdiction, the case shall be transferred to the competent authority for handling, and the reporter, accuser, and whistleblower shall be notified; for matters that are not within one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent authority. If the criminal surrenders to the public security organ, the People's Procuratorate or the People's Court, the provisions of paragraph 3 shall apply.
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. 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 10 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; 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;
(2), using an invalid credit card;
(3), using someone else’s credit card falsely;
(4), malicious overdraft.