1, the subject is a natural person with criminal responsibility;

2. The object is the relevant national financial ticket management system and the ownership of public and private property of banks;

3. Subjectively, there is the purpose of illegal possession and the intention of malicious overdraft;

4. Objectively, the actor used his credit card for the purpose of illegal possession, or failed to repay it within the prescribed time limit.

legal ground

Paragraph 1 of Article 196th of the Criminal Law of People's Republic of China (PRC).

Whoever commits credit card fraud in any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.