Those who use credit cards to defraud property should be charged with credit card fraud. The crime of credit card fraud stipulated by the law refers to the use of forged credit cards, or the use of credit cards fraudulently obtained with false identification; the use of invalid credit cards; the fraudulent use of other people's credit cards; and malicious overdrafts to carry out credit card fraud activities.

Legal Basis

Article 196, Paragraph 1 and Paragraph 2 of the Criminal Law of the People’s Republic of China

The following circumstances apply 1. Whoever commits credit card fraud and 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 not less than five years and ten years. Not less than 10 years of fixed-term imprisonment 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;

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(3) Pretending to use other people’s credit cards;

(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.