Legal Subjectivity:

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the use of credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud larger amounts of property. Big act. The general manifestations include: (1) using forged credit cards, or using credit cards fraudulently obtained with false identification; (2) using invalid credit cards; (3) fraudulently using other people's credit cards; (4) malicious overdrafts of. The crime of credit card fraud infringes on the dual object of not only infringing on other people's property ownership, but also infringing on the country's financial management system. Therefore, based on the structure of the criminal law, the crime of credit card fraud is classified as a crime of financial fraud and is a crime of undermining the order of the socialist market economy. In terms of sentencing, if the amount is relatively large, it constitutes the crime of credit card fraud, and the crime of credit card fraud shall be punished with 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 crime shall be fined not less than five years but not more than five years. to a fixed-term imprisonment of not less than 10 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, the sentence is to not less than 10 years of fixed-term imprisonment or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than RMB 10,000 or property confiscation may be imposed. The law is objective:

Article 196 of the Criminal Law: Whoever commits credit card fraud in one of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined not less than 20,000 yuan A fine of 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 5 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, he shall be sentenced to 10 years in prison to fixed-term imprisonment of not less than 1 year 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 counterfeit credit card. (2) Using an expired credit card. (3) Pretending to use other people’s credit cards. (4) Malicious overdraft.