The circumstances of credit card fraud are as follows:

1. Using a forged or invalid credit card, or using a credit card fraudulently obtained with false identification;

2 . Fraudulent use of credit cards: The criminal found the wallet left behind and used other people's ID cards and credit cards in the wallet to make purchases;

3. Malicious overdraft: Overdraft knowing that one has no ability to repay, or If you have the ability but refuse to repay, it is considered a malicious overdraft.

The constituent elements of the crime of credit card fraud are as follows:

1. The objects violated by the crime of credit card fraud are the credit card management system and the ownership of public and private property.

2. The objective aspect of the crime of credit card fraud is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth.

3. The subject of the crime of credit card fraud is a general subject, and natural persons can become the criminal subject of this crime.

4. The subjective aspect of the crime of credit card fraud is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute the crime of credit card fraud.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount 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 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 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 property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ credit cards;

(4) Malicious overdrafts.

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.