Legal analysis: if the perpetrator uses a credit card to commit fraud, the crime of credit card fraud is established, and the losses caused by credit card fraud are borne by the criminal. The ways of using credit card fraud are: using forged credit cards, or using credit cards defrauded by false identity certificates; Use an invalid credit card; Fraudulent use of other people's credit cards; Malicious overdraft. Among these actors, it should be noted that malicious overdraft can only be the behavior that the cardholder himself exceeds the limit or overdraws.

Legal basis: Criminal Law of People's Republic of China (PRC).

Article 192 Whoever illegally raises funds by fraudulent means for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; 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.

Article 266 Whoever defrauds 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 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.