Legal Analysis

Sentencing for credit card fraud: (1) If the fraud is less than 4,000 yuan, the base penalty is a fine; if the fraud is more than 4,000 yuan but less than 5,000 yuan, the base penalty is a controlled penalty; 5,000 If the amount is 1,670 yuan, the base sentence is three months’ imprisonment, and for every 1,670 yuan increase, the sentence will be increased by one month; if the amount is 10,000 yuan, the base sentence is six months’ imprisonment, and for every 1,000 yuan increase, the sentence will be increased by one month; (2) Under one of the circumstances stipulated in Article 126, if the sentence of criminal detention is intended, it shall be upgraded to fixed-term imprisonment; if the sentence of control or fine is intended, the sentence shall be upgraded to criminal detention.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 192 It is illegal to use fraud methods for the purpose of illegal possession If the amount is relatively large, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and if the amount is huge, or if 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 his property shall be confiscated. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly 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 and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the amount is huge or there are other serious circumstances, he shall be sentenced to three years in prison. Those who are sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years, and the amount of punishment is particularly huge or there are other particularly serious circumstances, shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years, or life imprisonment, and shall also be fined or have their property confiscated. If this law provides otherwise, the provisions shall prevail.