Article 196 of the Criminal Law stipulates that the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of the regulations on credit card management. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft.
Overdraft refers to the act of allowing customers to withdraw money beyond the amount of funds in their accounts with the approval of the bank when there is no funds or insufficient funds in the accounts. Overdraft is essentially a bank lending money to customers.
The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who exceed the prescribed limit or overdraw within the prescribed time limit for the purpose of illegal possession, and refuse to return it after being urged by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior.
According to the criminal law, in addition to one of the above four acts, the actor must also have a large amount of elements. If the amount is not large, even if the above acts are committed, they are illegal and do not constitute a crime. As for what is "a large amount", there is no clear judicial interpretation at present. However, according to 1996 "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Fraud Cases", a large amount of personal fraud refers to more than 5,000 yuan. The starting point of a large amount of credit card fraud can refer to this regulation, and it is appropriate to use 5,000 yuan.