Criminal Law Article 196: Whoever commits credit card fraud under 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 shall also be fined not less than 20,000 yuan but not less than 200,000 yuan. A fine of not more than RMB 50,000; 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 a fine of not less than RMB 50,000 but not more than RMB 500,000; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The above-mentioned fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

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

(2) Using an expired 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.

According to the judicial interpretation of the Supreme People's Court. If the amount is more than 5,000 yuan and less than 50,000 yuan, it shall be deemed as a "large amount"; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount"; if the amount is more than 500,000 yuan, it shall be deemed as a "huge amount" For "a particularly huge amount".

"False use of other people's credit cards" includes the following situations:

(1) Finding other people's credit cards and using them;

(2) Fraudulently obtaining other people's credit cards and using them

(3) Stealing, bribing, defrauding or obtaining other people’s credit card information through other illegal means and using it through the Internet, communication terminals, etc.;

(4) Other fraudulent activities Using someone else’s credit card.

If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed as a "malicious overdraft."

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose":

(1) Knowing that one has no ability to repay and making a large overdraft that cannot be returned;

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(2) Wantonly squandering overdraft funds that cannot be returned;

(3) Escape, change contact information, and avoid bank collection after overdraft;

(4) ) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other illegal possession of funds, refusal to The act of not returning.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and 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.