you will go to jail if you owe a credit card. If the amount owed reaches more than 1, yuan and is not returned after being collected twice by the issuing bank for more than 3 months, it shall be deemed as malicious overdraft in criminal law and suspected of credit card fraud. Whoever engages in credit card fraud, if 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 2, yuan but not more than 2, yuan.

What are the constitutive elements of the crime of credit card fraud

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

2. The objective aspect of the crime of credit card fraud is that the actor uses credit cards to defraud public and private property by fictional facts or concealing the truth;

3. The subject of credit card fraud is a general subject, and natural persons can be the subject of credit card fraud;

4. The subjective aspect of the crime of credit card fraud is intentional.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China

Credit card fraud is committed under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (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 another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

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