criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law. \ xd \ xd \ Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management \ xd \ In order to punish criminal activities of Impairment of Credit Card Management according to law and safeguard the order of credit card management and the legitimate rights and interests of cardholders, according to the provisions of the Criminal Law of the People's Republic of China, some issues concerning the specific application of law in handling such criminal cases are explained as follows: \ xd. Xd\ Article 1 Anyone who copies another person's credit card, writes other people's credit card information into magnetic stripe media or chips, or forges more than one credit card by other means shall be deemed as "forging credit card" as stipulated in Item (4) of Paragraph 1 of Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets. \ xd \ xd \ whoever forges more than 1 blank credit cards shall be deemed as "forging credit cards" as stipulated in Item (4) of Paragraph 1 of Article 177 of the Criminal Law, and shall be convicted and punished for the crime of forging financial tickets. \xd\\xd\ forges a credit card, which shall be deemed as "serious" as stipulated in Article 177 of the Criminal Law in any of the following circumstances: \xd\\xd\ (1) forges more than 5 credit cards but less than 25; \ xd \ xd \ (2) Forged credit card balance and overdraft limit, individually or in total, are more than 2, yuan but less than 1 million yuan; \ xd \ xd \ (3) forging more than 5 blank credit cards but less than 25; \ xd \ xd \ (4) Other serious circumstances. \ xd \ xd \ forges credit cards in any of the following circumstances, which shall be deemed as "especially serious" as stipulated in Article 177 of the Criminal Law: \ xd \ xd \ (1) forges more than 25 credit cards; \ xd \ xd \ (2) Forged credit card balance and overdraft limit, individually or in total, are more than 1 million yuan; \ xd \ xd \ (3) forging more than 25 blank credit cards; \ xd \ xd \ (4) Other particularly serious circumstances. \ xd \ xd \ The term "credit card balance and overdraft limit" as mentioned in this article is calculated by the highest deposit balance and overdraft limit recorded by the issuing bank after the credit card is forged. \ xd \ xd \ Article 2 Whoever knowingly holds or transports more than 1 but less than 1 blank credit cards shall be deemed as "a large quantity" as stipulated in Item (1) of Paragraph 1 of Article 177-1 of the Criminal Law; Illegal possession of more than 5 credit cards and less than 5 credit cards of others shall be deemed as "a large number" as stipulated in Item (2) of the first paragraph of Article 177-1 of the Criminal Law. \ xd \ xd \ in any of the following circumstances, it shall be deemed as a "huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law: \ xd \ xd \ (1) Holding and transporting more than 1 credit cards knowing that they are forged; \ xd \ xd \ (2) Holding and transporting more than 1 credit cards knowing that they are forged blank credit cards; \ xd \ xd \ (3) illegally holding more than 5 credit cards of others; \ xd \ xd \ (4) using false identification to defraud more than 1 credit cards; \ xd \ xd \ (5) Selling, purchasing or providing others with forged credit cards or obtaining more than 1 credit cards by false identification. \ xd \ xd \ Anyone who applies for a credit card against other people's wishes by using his identity card, military officer's card, soldier's card, Hong Kong and Macao residents' travel permit to and from the Mainland, mainland travel permit for taiwan residents, passport and other identification certificates, or applies for a credit card by using forged or altered identification certificates shall be deemed as "fraudulently obtaining a credit card by using false identification certificates" as stipulated in Item (3) of Paragraph 1 of Article 177-1 of the Criminal Law. \ xd \ xd \ Article 3 Whoever steals, buys or illegally provides other people's credit card information, which is enough to forge a credit card that can be traded, or is enough to make others trade in the name of a credit card holder, involving more than one credit card but less than five, shall be convicted and punished for stealing, buying or illegally providing credit card information in accordance with the provisions of the second paragraph of Article 177-1 of the Criminal Law; Involving more than 5 credit cards, it should be recognized as "a huge number" as stipulated in the first paragraph of Article 177 of the Criminal Law. \ xd \ xd \ Article 4 Whoever makes and provides false credit certification materials such as property status, income and position for credit card applicants, involves forging, altering or buying or selling official documents, certificates and seals of state organs, or forging seals of companies, enterprises, institutions and people's organizations, and should be investigated for criminal responsibility, shall be punished as forging, altering or buying or selling countries respectively in accordance with the provisions of Article 28 of the Criminal Law. \ xd \ xd \ Intermediary organizations or their personnel who undertake the responsibilities of asset evaluation, capital verification, verification, accounting, auditing, legal services, etc., who provide credit certification materials such as false property status, income, position, etc. to credit card applicants and should be investigated for criminal responsibility, shall be convicted and punished respectively for the crime of providing false certification documents and the crime of issuing major false certification documents in accordance with the provisions of Article 229 of the Criminal Law. \ xd \ xd \ Article 5 Anyone who uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, an invalid credit card or someone else's credit card to conduct credit card fraud activities, and the amount is more than 5, yuan but less than 5, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5, yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \ xd \ xd \ The term "using someone else's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations: \ xd \ xd \ (1) picking up someone else's credit card and using it; \ xd \ xd \ (2) defrauding others of their credit cards and using them; \ xd \ xd \ (3) Stealing, buying, defrauding or obtaining other people's credit card information by other illegal means, and using it through the Internet, communication terminals, etc.; \xd\\xd\ (4) Other cases of fraudulent use of other people's credit cards. \ xd \ xd \ Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. \ xd \ xd \ in any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: \ xd \ xd \ (1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned; \ xd \ xd \ (2) The overdrawn funds are squandered and cannot be returned; \ xd \ xd \ (3) Escaping after overdraft, changing contact information and evading bank collection; \ xd \ xd \ (4) Evading or transferring funds, concealing property and evading repayment; \ xd \ xd \ (5) using overdraft funds for illegal and criminal activities; \ xd \ xd \ (6) Other acts of illegally occupying funds and refusing to return them. \ xd \ xd \ malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \ xd \ xd \ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. \ xd \ xd \ malicious overdraft shall be investigated for criminal responsibility. However, if all the overdraft interest has been repaid before the people's court makes a judgment after the public security organ files the case, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law. \ xd \ xd \ Article 7 Whoever, in violation of state regulations, uses point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. \ xd \ xd \ If the amount of the acts mentioned in the preceding paragraph is more than 1 million yuan, or if the funds of financial institutions are overdue for more than 2, yuan, or if the economic losses of financial institutions are more than 1, yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or if the funds of financial institutions are overdue for more than 1 million yuan, or if the economic losses of financial institutions are more than 5, yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law. \ xd \ xd \ If the cardholder uses the above methods to maliciously overdraw for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law. \ xd \ xd \ Article 8 Where a unit commits the crimes specified in Articles 1 and 7 of this Interpretation, the standards of conviction and sentencing shall be implemented in accordance with the provisions of these Articles.