Legal analysis: the conditions that constitute the crime of credit card fraud are:

1. The subject of the crime is a general subject, which can only be composed of natural persons;

2. Subjectively, it is intentional and has the purpose of illegal possession;

3. The object is a complex object, that is, the management order of credit cards and the ownership of public and private property;

4. Objectively, it is manifested as using forged credit cards, using invalid credit cards, fraudulently using other people's credit cards, and maliciously overdrawing.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China

Whoever swindles public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be punished with a huge amount of money or other serious circumstances, be sentenced to fixed-term imprisonment of not less than three years but not more than 1 years, and shall also be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment and fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

article 192 whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or confiscated.

if a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.