Whoever uses a credit card to defraud 10,000 yuan 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. Using a credit card to defraud RMB 10,000 is a relatively large amount in the crime of credit card fraud, and the above penalty should be applied.
Legal Basis
Article 54 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
Anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, Or fraudulently use other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.
Article 196 of the Criminal Law of the People's Republic of China
Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to five years in prison 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 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 extremely huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:
(4) Malicious overdraft of.