In daily life, the act of picking up or stealing other people's credit cards and using them occurs from time to time, which is generally recognized as credit card fraud or theft. Defining the boundary between credit card fraud and theft is the key to qualitative analysis of the above behaviors.

According to Article 196 of the Criminal Law of People's Republic of China (PRC) (revised 1997):

In any of the following circumstances, engage in credit card fraud:

If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 yuan;

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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

1, using a forged credit card;

2. Use an invalid credit card;

3. Fraudulent use of other people's credit cards;

4. Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 264:

Whoever steals public or private property in a large amount or many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or 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; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall also be confiscated:

1, theft of financial institutions, the amount is particularly huge;

2, theft of precious cultural relics, if the circumstances are serious.

Extended data:

Due to the convenience and rapidity of using credit cards, coupled with the rapid development of science and technology, the security problems faced by credit cards are becoming more and more serious, and major international credit card groups and global card-issuing financial institutions are facing severe challenges. The security problems of credit cards are mainly divided into the following five aspects:

Credit card: criminals or criminal groups use forged or invalid cards (expired/lost/invalid/damaged tapes, etc.). ) pretending to be a real card, directly deceiving merchants or card issuers.

Cardholder: improper card storage/handling (expired/tape-invalid credit cards are not destroyed, or they are not immediately invalid after being lost, etc. ), and personal identity information is inadvertently stolen or defrauded. In order to avoid such problems, citizens should not easily provide personal identification information, and it is best not to entrust others to handle credit cards.

Consumer merchants: the service personnel swindle the cardholder in the process of consumption, or steal his credit card information to other merchants for consumption. This situation can happen whether it is a physical business or a network virtual business.

Issuer: The computer system has been maliciously invaded, stealing the basic/transaction information of customers. There are also unscrupulous employees who steal from the house, or the evil inside the house.

Trading system and mechanism: as long as it is formulated or handled by human beings, human errors and omissions will inevitably occur; No matter how rigorous the trading mechanism is, with the world-class trading system from confirmation to settlement, it is still possible to be invaded, and the so-called "invasion" is actually divided into levels.