Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it 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 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft. The term "malicious overdraft" as 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.
How to deal with the inability to repay the credit card arrears?
Overdue repayment will be recorded in personal credit report, but negative information such as overdue repayment is not always recorded in personal credit report. At present, credit records are kept for five years. After paying off the debt, anyone can start building a credit record again. Failure to return the bank credit card within the time limit may be suspected of credit card fraud. If the amount of principal owed reaches more than 1 10,000 yuan, and it has not been returned for more than 3 months after being collected twice by the issuing bank, it should be considered as malicious overdraft in criminal law and suspected of credit card fraud. According to the law, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.