Legal analysis: Credit card crimes are committed for the purpose of illegal possession, violating credit card management regulations, using credit cards to conduct fraudulent activities, and defrauding large amounts of property. 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China" stipulates that under any of the following circumstances, anyone who conducts credit card fraud activities and the amount is relatively large shall be sentenced to a fixed-term imprisonment of not more than five years. Imprisonment 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 sentence is not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; the amount is If the circumstances are particularly serious or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a forged credit card, or using a false identity Proof that the credit card was obtained fraudulently; (2) using an expired credit card; (3) fraudulently using another person’s credit card; (4) malicious overdraft.