The way to distinguish the crime of contract fraud from the crime of credit card fraud is that if a large amount of property is defrauded in the process of concluding and performing a contract, it is the crime of contract fraud; If it is a credit card fraud, the amount is large, it is the crime of credit card fraud. The penalties are also different.

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: < P > (4) Malicious overdraft.

Article 224

Whoever, under any of the following circumstances, defrauds the other party of property in the process of signing and performing a contract for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or confiscated: < P > (5) defrauding the other party of property by other means.