Whoever commits credit card fraud 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.

Article 196 of the "Criminal Law" stipulates: "Whoever commits credit card fraud under any of the following circumstances and 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 20,000 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 if the amount is particularly huge or there are other particularly serious circumstances, he shall be fined not less than 50,000 yuan but not more than 500,000 yuan. , 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 have property confiscated.

"The Supreme People's Court and the Supreme People's Procuratorate's Specifications on Handling Criminal Cases of Obstructing Credit Card Management." Article 6 of the Interpretation of Several Issues in the Application of Laws stipulates: If the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft"; the amount shall not exceed 10,000 yuan. If it is more than 100,000 yuan but less than 1 million yuan, it is a "large amount"; if it is more than 100,000 yuan but less than 1 million yuan, it is a "huge amount"; if the amount is more than 1 million yuan, it is a "particularly huge amount"

Extended information:

Article 6 If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed that It is "malicious overdraft" stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as "illegal possession" stipulated in the second paragraph of Article 196 of the Criminal Law. "For the purpose":

1. Overdrafting a large amount of money while knowing that there is no ability to repay the repayment, which cannot be returned

2. Spending the overdraft funds wantonly and cannot be returned

3. Escape after overdraft, change contact information, and avoid bank collection

4. Escape, transfer funds, hide property, and avoid repayment

5. Use overdraft funds to commit illegal activities Criminal activities

6. Other illegal possession of funds and refusal to return them

Reference materials: Baidu Encyclopedia - Specific details of the Supreme People's Court and the Supreme People's Procuratorate on handling criminal cases of obstructing credit card management Explanation of Several Issues in Application of Law