Credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession and to defraud larger amounts of property. The Criminal Law stipulates: According to Article 196 of the "Criminal Law", those who commit credit card fraud under any 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 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 invalid credit card ; (3) Fraudulent use of 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.

Relevant judicial interpretations: The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" (Fa Shi [2018] No. 19 from December 1, 2018 Implementation) In order to punish criminal activities that impede credit card management in accordance with the law, maintain the order of credit card management and the legitimate rights and interests of cardholders, in accordance with the provisions of the "Criminal Law of the People's Republic of China", several issues regarding the specific application of laws in handling such criminal cases are hereby explained as follows: : Article 1 Anyone who copies other people's credit cards, writes other people's credit card information into magnetic stripe media or chips, or uses other methods to forge more than one credit card shall be deemed to have committed the crime specified in Item 4 of Article 177, Paragraph 1, of the Criminal Law. "Counterfeiting credit cards" is punishable by conviction and punishment for the crime of forging financial instruments. Anyone who forges more than ten blank credit cards shall be deemed as a "forged credit card" as stipulated in Article 177, Paragraph 1, Item 4 of the Criminal Law, and shall be convicted and punished for the crime of forging financial instruments. Forgery of credit cards under any of the following circumstances shall be deemed as "serious circumstances" as stipulated in Article 177 of the Criminal Law: (1) Forgery of more than five credit cards but less than 25; (2) The contents of the forged credit cards The deposit balance and overdraft limit individually or in total are more than 200,000 yuan but less than 1 million yuan; (3) Forging more than 50 blank credit cards but less than 250 blank credit cards; (4) Other serious circumstances. Forgery of credit cards under any of the following circumstances shall be deemed as "particularly serious" as stipulated in Article 177 of the Criminal Law: (1) Forgery of more than twenty-five credit cards; (2) The balance of the deposit in the forgery credit card , The overdraft limit individually or in total exceeds one million yuan; (3) Forging more than 250 blank credit cards; (4) Other particularly serious circumstances. The term "deposit balance and overdraft limit in a credit card" as referred to in this article shall be calculated based on the maximum deposit balance and overdraft limit recorded by the card-issuing bank after the credit card was forged. Article 2 Whoever holds and transports more than ten but less than one hundred blank credit cards knowing that they are counterfeit shall be deemed to be a "relatively large quantity" as stipulated in Item 1, Paragraph 1, Article 177-1 of the Criminal Law; Anyone who illegally holds more than five but less than fifty credit cards of others shall be deemed to be a "relatively large quantity" as stipulated in Item 2, Paragraph 1, Article 177-1 of the Criminal Law. Anyone who has any of the following circumstances shall be deemed to be a "huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law: (1) Holding and transporting more than ten credit cards knowing that they are counterfeit; (2) ) Holding and transporting more than 100 blank credit cards knowing that they are counterfeit; (3) Illegal holding of more than 50 credit cards of others; (4) Using false identity certificates to fraudulently obtain more than ten credit cards; (5) ) Selling, buying, or providing others with forged credit cards or more than ten credit cards fraudulently obtained with false identity certificates. Against the will of others, using their identity documents such as resident identity cards, military officer cards, soldier cards, Mainland Travel Permits for Hong Kong and Macao residents, Mainland Travel Permits for Taiwan residents, and passports to apply for credit cards, or using forged or altered identity certificates to apply for credit cards , should be identified as "using false identity certificates to fraudulently obtain credit cards" as stipulated in Article 177-1, Item 3, of the Criminal Law.

Article 3 Whoever steals, buys, or illegally provides other people's credit card information, which is enough to forge a credit card that can be used for transactions, or is enough to enable others to conduct transactions in the name of the credit card holder, involving more than one but less than five credit cards, shall be punished in accordance with Article 100 of the Criminal Law. According to the provisions of Paragraph 2 of Article 77-1, the crime of stealing, buying or illegally providing credit card information shall be convicted and punished; if more than five credit cards are involved, it shall be deemed as the crime of stealing, buying or illegally providing credit card information as specified in Paragraph 1 of Article 177-1 of the Criminal Law. "A huge amount". Article 4: Producing and providing false credit certification materials such as property status, income, position, etc. for credit card applicants, involving the forgery, alteration, or sale of official documents, certificates, and seals of state agencies, or involving the forgery of companies, enterprises, institutions, and people's organizations Those who must be held criminally responsible for seals shall, in accordance with the provisions of Article 280 of the Criminal Law, be convicted and punished for the crime of forging, altering, or buying and selling official documents, certificates, and seals of state agencies, and the crime of forging the seals of companies, enterprises, institutions, and people's organizations. . Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held criminally responsible. According to the provisions of Article 229, they will be convicted and punished for the crime of providing false certification documents and the crime of issuing materially inaccurate certification documents. Article 5 Whoever uses a forged credit card, a credit card fraudulently obtained with a false identity certificate, a voided credit card, or falsely uses another person's credit card to commit credit card fraud, with the amount exceeding RMB 5,000 but less than RMB 50,000, shall be deemed to be a first-rate person under the Criminal Law. A "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, The above shall be deemed as “especially huge amounts” as stipulated in Article 196 of the Criminal Law. The term "false use of other people's credit cards" as mentioned in the third paragraph of Article 196 of the Criminal Law includes the following situations: (1) Finding other people's credit cards and using them; (2) Fraudulently obtaining other people's credit cards and using them; (3) Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; (4) Other situations of fraudulent use of other people's credit cards. Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after two effective collections by the issuing bank, it shall be deemed to be a crime stipulated in Article 196 of the Criminal Law. "Malicious overdraft". Whether the purpose of illegal possession is for illegal possession shall be determined based on the cardholder's credit record, repayment ability and willingness, status of applying for and overdrafting the credit card, purpose of overdraft funds, performance after overdraft, reasons for failure to repay as required, etc. judge. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required. Any one of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession: (1) Knowing that one has no ability to repay and overdrafting a large amount of money, which cannot be returned; (2) Using false credit certificates to apply for a credit card and then overdrafting, which cannot be returned; (3) After overdrafting, evading bank collection by means of hiding, changing contact information, etc.; ( 4) Escape and transfer funds, conceal property, and evade repayment; (5) Use overdraft funds to carry out criminal activities; (6) Other illegal possession of funds and refusal to return them. Article 7 If collection meets the following conditions at the same time, it shall be deemed as "effective collection" as stipulated in Article 6 of this Interpretation: (1) The collection shall be carried out after the overdraft exceeds the prescribed limit or the prescribed period; (2) Collection shall be carried out using methods that can confirm the cardholder The method of collection, except where the cardholder intentionally evades collection; (3) The interval between two collections is at least thirty days; (4) The relevant regulations or agreements on collection are complied with. As to whether the collection is valid, the judgment shall be made based on the phone recordings, information delivery records, letter delivery receipts, email delivery records, signatures of the cardholders or their family members and other original evidence materials for collection provided by the card-issuing bank. Relevant evidence materials provided by the card-issuing bank should have the signature of bank staff and the official seal of the bank.

Article 8 Malicious overdraft, if the amount is more than 50,000 yuan but less than 500,000 yuan, shall be deemed 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, If the amount is more than 5 million yuan, it should 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 should be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. Article 9 The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, compound interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal. When reviewing prosecutions and initiating public prosecutions, the procuratorial organs shall based on the transaction details, classified bills (overdraft bills, repayment bills) and other evidentiary materials provided by the card-issuing bank, combined with the defense opinions and opinions put forward by the criminal suspects, defendants and their defenders. Relevant evidence materials shall be reviewed to determine the amount of malicious overdraft; if the amount of malicious overdraft is difficult to determine, it shall be reviewed and determined based on judicial accounting and audit reports, combined with other evidence materials. During the trial process, the people's court shall determine the amount of malicious overdraft based on verifying the authenticity of the above-mentioned evidence materials. Relevant evidence materials provided by the card-issuing bank should have the signature of bank staff and the official seal of the bank. Article 10 If the amount of malicious overdraft is relatively large and the amount is fully returned before the prosecution is initiated or there are other minor circumstances, the prosecution may not be prosecuted; if the amount is fully returned before the first instance judgment or there are other minor circumstances, the criminal penalty may be exempted. However, this does not apply to those who have been punished twice or more for credit card fraud. Article 11 If a card-issuing bank illegally extends a loan in the form of a credit card overdraft and the cardholder fails to repay it as required, the provisions of Article 196 of the Criminal Law on ‘malicious overdraft’ shall not apply. If it constitutes other crimes, it shall be punished as other crimes. Article 12 In violation of national regulations, using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, the person shall be punished according to Article 2 of the Criminal Law. According to the provisions of Article 125, the person shall be convicted and punished for the crime of illegal business operation. Those who commit the acts mentioned in the preceding paragraph and the amount exceeds 1 million yuan, or cause overdue repayment of the financial institution's funds of more than 200,000 yuan, or cause economic losses of more than 100,000 yuan to the financial institution, shall be deemed to be under Article 220 of the Criminal Law. "Serious circumstances" as stipulated in Article 5; if the amount is more than five million yuan, or if it causes the financial institution's funds to be overdue for more than one million yuan, or if it causes the financial institution's economic loss of more than 500,000 yuan, it shall be deemed a criminal offense. "The circumstances are particularly serious" as stipulated in Article 225. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law. Article 13 When a unit performs the acts specified in this Interpretation, the conviction and sentencing standards for the corresponding natural person crimes specified in this Interpretation shall apply.

Specific sentencing provisions: According to the sentencing guidance for common crimes of the Supreme People's Court and the Supreme People's Procuratorate Opinions" (Trial)

(5) Credit card fraud crime 1. If the crime of credit card fraud is constituted, the starting point for sentencing shall be determined within the corresponding range according to the following circumstances: (1) If the amount reaches the starting point of a relatively large amount, the starting point shall be determined within the corresponding range. The starting point for sentencing is determined within the range of fixed-term imprisonment and criminal detention of less than 1 year. (2) If the amount reaches a huge threshold or there are other serious circumstances, the sentencing threshold will be determined within the range of five to six years’ imprisonment. (3) If the amount reaches the starting point of a particularly huge amount or there are other particularly serious circumstances, the sentencing starting point will be determined within the range of ten to twelve years of fixed-term imprisonment. Except for those who should be sentenced to life imprisonment according to law. 2. On the basis of the starting point for sentencing, increase the amount of punishment based on the amount of credit card fraud and other criminal facts that affect the composition of the crime, and determine the base sentence. 3. If the crime of credit card fraud is constituted, the amount of the fine shall be determined based on the fraud method, crime amount, harmful consequences and other criminal circumstances, as well as the defendant's ability to pay the fine. 4. If the crime of credit card fraud is constituted, the application of probation shall be determined by comprehensively considering factors such as the means of fraud, the amount of the crime, the harmful consequences, the return of stolen goods and compensation, and the sentencing circumstances, as well as the defendant's subjective malignancy, personal danger, confession and remorse, and other factors.

Note: Inability to repay due to business failure and other reasons after normal credit card consumption is just an ordinary creditor and debt dispute, and is generally not considered credit card fraud.