Legal basis: Criminal Law of People's Republic of China (PRC).
Article 196 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 or if there are other serious circumstances, 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 or if there are other particularly serious circumstances.
(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; Or (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.
The Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management.
Paragraph 1 of Article 6: If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two effective collections by the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
Eighth malicious overdraft, the amount of more than 50 thousand yuan but less than 500 thousand yuan, should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.