generally, it refers to fraudulent activities by using forged or invalid credit cards, or fraudulently using other people's credit cards or maliciously overdrawing. After repeated dunning, it is proved that the overdrafter has no initiative to repay. The investigation after filing the case proves that the overdrafter's economic resources are lost or cannot make ends meet during the overdraft period, and it is impossible to repay; Or fully capable of repayment without repayment, it can be concluded that there is no problem of taking the initiative to repay when overdrawing. Combining the above two points, we can conclude that the overdraft behavior is illegal possession. The Supreme People's Court and the Supreme People's Procuratorate recently issued a decision to amend some issues concerning the specific application of laws in handling criminal cases of obstruction of credit card management. The decision pointed out that for the purpose of illegal possession, a judgment should be made based on the cardholder's credit history, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft.

: The crime of credit card fraud is a kind of fraud crime. The relationship between this crime and fraud crime is a special law and a general law. In this crime, credit card is a criminal tool, not the object of crime. If the perpetrator uses a credit card as a criminal tool to engage in fraudulent activities, he shall be convicted and punished for this crime according to the principle that the special law is superior to the general law. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud by using the credit embodied by credit cards.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and 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 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;