Legal analysis: Generally speaking, the standard for filing a crime of credit card fraud is to use a counterfeit credit card with an amount of more than 5,000 yuan, or use an invalid credit card with an amount of more than 5,000 yuan, or use it fraudulently Conducting fraudulent activities on other people's credit cards with an amount of more than 5,000 yuan, or malicious overdrafts with an amount of more than 10,000 yuan. To constitute the crime of credit card fraud, according to the provisions of the Criminal Law, a relatively large amount is required to constitute this crime.

Legal basis: "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)" Article 54 If a person engages in credit card fraud activities and is suspected of one of the following circumstances, A case should be filed for prosecution:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, or fraudulently using another person's credit card to conduct fraudulent activities, with the amount exceeding More than 5,000 yuan;

(2) Malicious overdraft, the amount is more than 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If the overdraft is malicious and the amount 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. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.