Fraudulent use of another person's credit card belongs to credit card fraud, which constitutes the crime of credit card fraud. First, the manifestations of credit card fraud: 1. Using forged credit cards Using forged credit cards is an important manifestation of credit card fraud. The perpetrator must use a forged credit card to constitute this crime. 2. Using an Invalid Credit Card An invalid credit card refers to a credit card that has lost its effectiveness due to legal reasons. Whether it is a cardholder or a non-cardholder, knowing that it is an invalid credit card, it is punished as this crime. 3. Fraudulent use of another person's credit card The so-called "fraudulent use of another person's credit card" means that a non-cardholder uses a credit card in the name of the cardholder without the cardholder's consent or authorization, and conducts fraudulent acts such as shopping, consumption and cash withdrawal in the credit card business. Fraudulent use of other people's credit cards only refers to fraudulent use of other people's legal credit cards, not including forged and invalid credit cards. 4. Malicious overdraft can be divided into goodwill overdraft and malicious overdraft. Malicious overdraft can be divided into general illegal malicious overdraft and criminal malicious overdraft. Generally illegal malicious overdraft is an administrative illegal act, which should bear corresponding administrative and civil responsibilities. Because of its less social harm, it does not constitute a crime. Criminal malicious overdraft can be divided into criminal malicious overdraft exceeding the limit and criminal malicious overdraft exceeding the time limit according to the type of behavior.

Legal basis

Article 196 of the Criminal Law of the People's Republic of China

Whoever commits credit card fraud in any of the following circumstances, if 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 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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. "