Legal analysis: It is a crime of fraud.

Legal basis: "Criminal Law of the People's Republic of China"

Article 194: Under one of the following circumstances, financial bill fraud is carried out, 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 sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than 10,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison 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 bill of exchange, promissory note or check knowing that it is a forged or altered bill of exchange;

(2) Using a bill of exchange, promissory note or check knowing that it is invalid;

(3) Fraudulently using other people’s bills of exchange, cashier’s checks, and checks;

(4) Issuing bad checks or checks that are inconsistent with the seals reserved to defraud property;

(5) ) The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without fund guarantee or makes false records when issuing the bill to defraud property.

Anyone who uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph.

Article 195: Anyone who commits letter of credit fraud under any of the following circumstances 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; the amount shall be: 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 ten 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 ten years or to life imprisonment. 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 or altered letter of credit or accompanying documents or documents;

(2) Using a voided letter of credit;

(3) Fraudulently obtaining a letter of credit;

(4) Using other methods to conduct letter of credit fraud.

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;

(2) Using an invalid credit card 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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.