Whoever is unable to repay a credit card debt of 100,000 yuan, and the amount is huge, shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A credit card amount of 100,000 yuan is a relatively large amount, and the corresponding prison term is less than 5 years. If the principal amount of the debt is more than 10,000 yuan and has not been repaid for more than 3 months after two collections by the card issuing bank, it shall be deemed as a malicious overdraft under the criminal law, suspected of credit card fraud, and shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention in accordance with the law. A fine of not less than RMB 20,000 but not more than RMB 200,000 shall be imposed. If the malicious overdraft amount is relatively large and all overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued according to law. If you don't pay it back temporarily, you can pay it back later, and only interest and late fees will be incurred. However, if the principal is overdrafted by more than 10,000 yuan and the bank still fails to repay the loan, criminal penalties may be imposed. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not yet returned under the conditions specified in the first paragraph. Including excluding compound interest, late fees, handling fees, etc. Collected by the issuing bank.

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, who commits credit card fraud and commits one of the following circumstances and 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 sentenced to: A fine of not less than 20,000 yuan but not more than 200,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other special circumstances If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card or using a credit card fraudulently obtained with a false identity certificate; ( 2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or time limit for the purpose of illegal possession and still not returning the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

How to judge the crime of credit card fraud

Those who fraudulently use other people’s credit cards to commit fraud must have the subjective purpose of defrauding others of their property. Only the subjective intention of fraud and the objective behavior of fraudulently using other people's credit cards can constitute this crime. In practice, some credit card holders lend their credit cards to other people, such as their relatives and friends. In terms of performance, the user also fraudulently uses other people's credit cards, but the user's behavior of fraudulently using other people's credit cards is approved by the cardholder. Although this kind of behavior violates the regulations on the use of credit cards, the user does not subjectively intend to possess the cardholder's property, so it does not have the essential characteristics of the crime of credit card fraud.