Legal analysis: Use forged credit cards, use credit cards fraudulently obtained with false identification, use invalid credit cards, or falsely use other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan but less than 50,000 yuan. If the amount exceeds 50,000 yuan, the offender 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 ringleader of a criminal group that uses advanced technical means to forge and then use credit cards to commit fraud when the amount is more than 50,000 yuan but less than 500,000 yuan. He has repeatedly used credit cards to commit fraud and has refused to change his ways. Whoever's behavior causes huge losses to other people's public or private property, or causes bad influence due to his behavior, 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.
The amount is more than 500,000 yuan, the use of credit cards to commit fraud is a common practice, the person is a repeat offender, habitual offender or has committed multiple crimes, and has multiple serious circumstances, causing special consequences to others due to his fraudulent behavior. Those who cause serious economic losses or other particularly serious consequences, use fraudulent property to commit other serious criminal offenses, or whose actions cause particularly bad effects, shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan or more. A fine of not more than 10,000 yuan or property confiscation may be imposed.
For malicious overdraft credit card fraud, the starting point for prosecution is higher than other categories, which is 10,000 yuan. Moreover, if the amount is more than 10,000 yuan but less than 100,000 yuan, if all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in 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 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 person 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 if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:
(1) Using a counterfeit credit card, or Using a credit card fraudulently obtained with false identification;
(2) Using an invalid credit card;
(3) Pretending to use another person’s credit card;
(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.