Legal analysis: The amount of credit card fraud is calculated based on the principal. According to the criminal prosecution standards issued by my country's Supreme People's Procuratorate and the Ministry of Public Security, if credit card fraud is a malicious overdraft and the principal is less than 10,000 yuan, the case will not be filed.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China" A fine of not less than 50,000 yuan but not more than 200,000 yuan; 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances 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 confiscation: (1) Using a forged credit card, or using a false identity certificate to defraud

(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.

"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" Article 54 Anyone who engages in credit card fraud activities and is suspected of one of the following circumstances shall be filed for prosecution :

(1) Use a forged credit card, or use a credit card fraudulently obtained with false identification, or use an expired credit card, or falsely use another person's credit card to conduct fraudulent activities, with the amount exceeding 5,000 yuan. ;

(2) Malicious overdraft, amounting to more than 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.