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Credit Card Fraud Cases The starting point, that is, the larger amount, is 5,000 yuan. Regardless of region.

The explanation is as follows:

The "Supreme People's Procuratorate" you mentioned

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Credit Card Fraud (No. 11 of the Supreme People's Procuratorate [1995] on April 20, 1995)" has been included in the "Decision of the Standing Committee of the National People's Congress on Punishing Crimes that Disrupt Financial Order" and the content of this "Decision" The "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" was formulated. In Article 7 of the interpretation, there are several types of credit card fraud cases: (1) using forged credit cards; (2) using invalid credit cards; (3) fraudulently using other people’s credit cards; (4) malicious overdrafts "The starting point of the crime will be the starting point, that is, the larger amount will be uniformly 5,000 yuan, without distinction between regions. Item (4) Malicious overdraft also requires a condition that the cardholder "still does not repay", which means that the cardholder still does not repay within three months from the date of receipt of the collection notice from the card-issuing bank.

The same is said in relevant monographs by legal experts. See: The first edition of "Criminal Law" written by Zhang Mingkai, July 2003, Law Press, page 634: "6. The crime of credit card fraud...the amount is relatively large, with 5,000 yuan as the starting point. In the case of malicious overdraft, the If the cardholder pays a deposit at the bank, the amount of the malicious overdraft shall be calculated as the amount exceeding the deposit."

See the legal basis: "The Standing Committee of the National People's Congress on Punishing Disruption of Financial Order. Decision to commit a crime"

14. Whoever commits credit card fraud under one of the following circumstances 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. fine; 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 a fine of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Imprisonment or life imprisonment, and confiscation of property:

(1) Using a counterfeit credit card;

(2) Using an invalid credit card;

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

(4) Malicious overdraft.

Those who steal credit cards and use them will be punished in accordance with the provisions of the Criminal Law on the crime of theft.

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases"

7. According to Article 14 of the "Decision", the use of credit cards to carry out fraudulent activities, the amount If it is larger, it constitutes the crime of credit card fraud.

If an actor commits the acts stipulated in Items (1), (2) and (3) of Article 14, Paragraph 1, and (3) of the "Decision", and the amount of fraud exceeds 5,000 yuan, it shall be classified as "a relatively large amount". "; If the amount of fraud is more than 50,000 yuan, it is classified as "huge amount"; if the amount of fraud is more than 200,000 yuan, it is classified as "extremely huge amount."

"Malicious overdraft" means that the cardholder overdrafts for the purpose of illegal possession, or knowingly is unable to repay, and the overdraft amount exceeds the overdraft amount allowed by the credit card, evading investigation, or after receiving a collection notice from the card-issuing bank. Failure to return it within 3 months from the date of return. A malicious overdraft of more than 5,000 yuan is classified as a "large amount"; a malicious overdraft of more than 50,000 yuan is classified as a "huge amount"; a malicious overdraft of more than 200,000 yuan is classified as a "particularly huge amount."

If the cardholder pays a deposit at the bank, the amount of the malicious overdraft will be calculated based on the amount exceeding the deposit.