There are three sentencing standards for the amount of credit card fraud:

1. Whoever commits credit card fraud 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 20,000 yuan. A fine of not less than 200,000 yuan but not more than 200,000 yuan;

2. Whoever commits credit card fraud with a huge amount or other serious circumstances 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. A fine of not more than RMB 10,000;

3. Whoever commits credit card fraud, if the amount is particularly huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than RMB 50,000 but not more than RMB 500,000. Fines or confiscation of property.

The constituent elements of credit card fraud are as follows:

1. The object is the credit card management system and public and private property ownership;

2. The objective aspect is that the perpetrator uses fictitious Facts or methods of concealing the truth, and the act of using credit cards to defraud public and private property;

3. The subject is a general subject, and natural persons can become the criminal subject of this crime;

4. The subjective aspect is Intention, and it is direct intention, the perpetrator must also have the subjective purpose of illegally possessing public and private property, indirect intention and negligence crimes cannot be constituted. It should be pointed out here that in various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions have their own specific content.

In summary, credit card fraud is a serious crime, and its sentencing standards are mainly based on comprehensive considerations such as the circumstances of the crime, the degree of harm, and the social impact.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud 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; 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 shall also be fined 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, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an invalid credit card;

(3) Pretending to use other people’s credit cards;

(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.