Legal subjectivity:

Credit card fraud is also a common crime in our country’s current society. So, what exactly is credit card fraud? To understand this issue, we must first understand the concept of credit card fraud and its sentencing regulations. Next, the editor will introduce it to you immediately. According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is special law and general law. Credit card is a criminal tool in this crime. If the perpetrator uses the credit card as a criminal tool to carry out fraudulent activities, he shall be punished according to the special law. Superior to the principle of general law, the crime should be convicted and punished. rather than the object of the crime. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud committed by using the credit reflected in the credit card. According to Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of credit card fraud is stipulated. If one of the following circumstances occurs and the amount of credit card fraud is relatively large, he 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, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special Those who commit serious crimes or have other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or their property shall be confiscated: (1) Using a forged credit card; (2) Using a counterfeit credit card; Canceled credit card; (3) fraudulently using 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. The above content is our legal answer on what is credit card fraud and how to impose penalties for credit card fraud. As can be seen from the above, the crime of credit card fraud is also a type of crime of fraud, but it is not exactly the same as the crime of fraud. We must pay attention to the distinction. If you want to know more about credit card fraud, you are welcome to consult at any time, and we will answer your questions as soon as possible. Legal objectivity:

Article 54 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs (2)" When engaging in credit card fraud activities, one is suspected of the following circumstances 1. A case should be filed for prosecution: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, or falsely using another person's credit card to conduct fraudulent activities, with the amount exceeding 5,000 yuan. ; (2) Malicious overdraft, amounting to more than 10,000 yuan. "Malicious overdraft" as stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the amount for more than three months after being called upon twice by the card-issuing bank. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.