Credit card maintenance may constitute the crime of illegal business operations or the crime of credit card fraud.

According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards", paragraphs 1 and 3 of Article 12 violate national regulations and use sales Point 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, an illegal charge shall be made in accordance with the provisions of Article 225 of the Criminal Law. Conviction and punishment for business crimes.

The act of maintaining a card is an illegal activity and may constitute a crime in serious cases. To raise a card is to pay a certain handling fee after overdrafting the credit card. The cardholder will first advance the overdraft fee, and then use the credit card to pay for false consumption when the card is swiped. Generally speaking, the method of raising a card is to combine several credit cards. Repayment dates are staggered.

1. The penalties for malicious overdraft are as follows:

1. If the amount of malicious overdraft is more than 10,000 yuan but less than 100,000 yuan, all the overdraft interest has been repaid before the public security organ files the case;

2. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law;

3. Those who commit 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 .

2. The constituent elements of credit card crime include the following:

1. The object of infringement is the credit card management system and public and private property ownership;

2. The objective aspects are: The perpetrator uses credit cards to defraud public or private property by fabricating facts or concealing the truth;

3. The subject is a general subject, and natural persons can become the criminal subject of this crime;

4 , The subjective aspect is intentional, and it is direct intentional. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime.

To sum up, card raising is an illegal activity and may constitute a crime in serious cases. To raise a card is to pay a certain handling fee after overdrafting the credit card. The cardholder will first advance the overdraft fee, and then use the credit card to pay for false consumption when the card is swiped. Generally speaking, the method of raising a card is to combine several credit cards. Repayment dates are staggered. For those who commit credit card fraud with relatively large amounts, they will be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Legal Basis

Article 196 of the Criminal Law of the People's Republic of China

Carry out credit card fraud under any of the following circumstances , if the amount 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, he shall be sentenced to not less than five years but not more than ten years Not less than 10 years of fixed-term imprisonment 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, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment and a fine of not less than 50,000 yuan. A fine of not less than RMB 500,000 but not more than RMB 500,000 or confiscation of property may be imposed:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using Capped credit cards;

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

(4) Malicious overdrafts.

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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.