2. Article 196 of the Criminal Law of the People's Republic of China stipulates that in any of the following circumstances, those who engage in credit card fraud, 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; 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 not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated:
1. Using forged credit cards;
2. using an invalid credit card;
3. fraudulent use of another person's credit card;
4. Malicious overdraft.
3. If the amount of fraud is more than 5, yuan, it is a "large amount"; If the amount of fraud is more than 5, yuan, it is a "huge amount"; If the amount of fraud is more than 2, yuan, it belongs to "the amount is extremely huge". "Malicious overdraft" refers to the behavior that the cardholder evades tracing for the purpose of illegal possession, or knows that he is unable to repay, and the overdraft amount exceeds the amount allowed by the credit card by a large margin, or fails to return it within 3 months from the date of receiving the reminder notice from the issuing bank. Malicious overdraft of more than 5, yuan is a "large amount"; Malicious overdraft of more than 5 thousand yuan belongs to "huge amount"; Malicious overdraft of more than 2 thousand yuan belongs to "a particularly huge amount" If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated by the amount exceeding the deposit.
Legal basis:
Article 148 of the Civil Code of the People's Republic of China
If a party commits a civil legal act against the true meaning by fraudulent means, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
article 149 if a third party commits fraud, causing one party to commit a civil legal act against its true meaning, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.
article 15 if a party or a third party coerces the other party to commit a civil juristic act against its true meaning, the coerced party has the right to request the people's court or an arbitration institution to cancel it.
Article 192 of the Criminal Law of the People's Republic of China
Whoever illegally raises funds by fraud 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 shall also 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 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 1 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.