According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card fraud is a kind of fraud, and the relationship between this crime and fraud is special law and general law. In this crime, credit card is a tool of crime, not the object of crime. Where an actor engages in fraudulent activities by using a credit card as a criminal tool, he shall be convicted and punished for this crime in accordance with the principle that the special law is superior to the general law.
Article 196 of the Criminal Law Whoever commits credit card fraud under 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 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:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(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.
When the amount owed is large and overdue for a long time, it may even violate the criminal law. According to Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management (Fa Shi [2009]19), if a cardholder exceeds the prescribed limit or overdraws within the prescribed time limit for the purpose of illegal possession and fails to return it after being repeatedly urged by the issuing bank for more than 3 months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
If the amount is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law, and it 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 more than 6,543,800 yuan but less than 6,543,800 yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law, and it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law, and it 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 of property.