Legal analysis: The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, violating credit card management regulations, and defrauding a large amount of property. The so-called credit card refers to a credit voucher issued by a credit card company (including various card issuers) to the cardholder for purchasing goods, obtaining services or withdrawing cash based on the cardholder's credit.

The crime of credit card fraud not only infringes upon the country's credit card management system, but also infringes upon the ownership of public and private property of banks and persons related to credit cards. This crime objectively manifests itself as the use of counterfeit or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defraud public or private property, and the amount is relatively large. The specific behaviors are as follows:

(1) Using forged credit cards to commit fraud. The so-called use includes various services such as purchasing goods with a credit card, withdrawing cash from banks or ATMs, and accepting credit cards for payment and settlement.

(2) Using an invalidated credit card to commit fraud. The so-called invalidated credit card refers to the use of a credit card that has become invalid due to legal reasons.

(3) Pretending to use other people’s credit cards to commit fraud. Pretending to use other people’s credit cards refers to the act of a non-cardholder using the cardholder’s credit card in the name of the cardholder to defraud property. Like using a found credit card.

(4) Use credit cards to make malicious overdrafts. A credit card overdraft means that when the cardholder has insufficient funds or no funds in the credit card account of the card-issuing bank, the cardholder can still use the credit card for consumption with the approval of the bank. In our country, all card-issuing banks generally stipulate that cardholders are allowed to make short-term good faith overdrafts within a certain limit. For the purpose of illegal possession, it is a crime to fail to repay the overdraft after being called by the card-issuing bank, or to abscond and conceal the identity after a large overdraft to evade repayment responsibility, which is a crime.

This crime is subjectively intentional and must have the purpose of illegally possessing public or private property. If the perpetrator does not intend to commit fraud, even if he obtains property in violation of relevant credit card management regulations, he cannot be punished as a crime. If you do not know that it is a counterfeit or invalid credit card, or misuse another person's credit card, you will not be punished as a crime. In addition, the subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. The unit can also become the subject of this crime.

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

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or public surveillance, together with or solely a fine of a huge amount or other serious circumstances, shall be punished with a fixed-term imprisonment of not less than three years but not more than ten years; if the fine amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than ten years or life imprisonment , and shall be fined or property confiscated. If this law provides otherwise, the provisions shall prevail.

Article 192. Whoever uses fraud methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined if the amount is huge or there are other serious circumstances. , shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.