The three points for identifying credit card fraud are:

1. There must be a subjective purpose of illegally possessing other people’s property;

2. Correctly determine whether the use of a credit card is carried out Malicious overdraft;

3. Whether it exceeds a certain limit.

The prosecution standards for the crime of credit card fraud are:

1. Use a forged credit card, or use a credit card fraudulently obtained with false identification, or use an invalid credit card, or use it fraudulently Using other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan;

2. Malicious overdrafts, with the amount exceeding 10,000 yuan. The specific sentencing for the crime of credit card fraud must be determined based on the specific amount, specific criminal facts, and criminal circumstances. "Criminal Law of the People's Republic of China"

Article 196

The crime of credit card fraud falls under one of the following circumstances: if the amount of credit card fraud is relatively large, Whoever commits a crime 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) ) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card ;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

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