Legal basis: Criminal Law of People's Republic of China (PRC).
Article 196 The crime of credit card fraud refers to the act of using a credit card to defraud a large amount of property for the purpose of illegal possession in violation of the regulations on credit card management. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft.
The second paragraph of article 196 refers to the behavior of a credit card holder who, for the purpose of illegal possession, exceeds the prescribed limit or overdraws within the prescribed time limit and refuses to return it after being urged by the issuing bank. According to the judicial interpretation, if the perpetrator maliciously overdraws the credit card, the amount is more than 1000 yuan, and it is still returned after three months of bank collection, which constitutes the crime of fraud.