Anyone who commits credit card fraud shall be held criminally responsible according to law. The proceeds from the fraud are stolen money, and the stolen money and stolen goods are illegal property and should be recovered in full according to the law. It cannot be used as a basis for mitigating the punishment because the criminal suspect has repaid most of the stolen money. The stolen money will eventually need to be returned. If you proactively refund the stolen money, you may be given a lighter punishment as appropriate.
Legal basis: "Regulations on the Scope of Civil Litigation Accompanying Criminal Issues Issued by the Supreme People's Court in 2000" Article 1: Material losses suffered due to criminal infringement of personal rights or property destroyed by criminals If there is a loss, you can file an incidental civil lawsuit.
If a criminal illegally possesses or disposes of the victim's property and causes the victim to suffer material losses, the People's Court shall recover the property or order compensation in accordance with the law. The people's court may consider the situation of being recovered or refunded as a sentencing circumstance. If the loss cannot be compensated through recovery or refund of compensation, and the victim files a separate civil lawsuit with the civil tribunal of the People's Court, the People's Court may accept the case.