Article 196 of the Criminal Law: Whoever commits credit card fraud in any 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 fined not less than 20,000 yuan but not more than 200,000 yuan; the amount shall be: 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than life. Imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

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

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, defrauding public or private property, or committing large amounts of money. The crime must be a large amount of credit card fraud. "A relatively large amount" is the main limit for the crime of credit card fraud. For credit card fraud where the amount is not relatively large, administrative liability and civil liability can be pursued.

This crime can only be subjectively constituted intentionally, and must have the purpose of illegally possessing public and 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 use a credit card without knowing it is a forgery or invalid, make an overdraft in good faith, misuse another person's credit card, etc., you will not be punished as a crime.

Extended information:

The so-called serious circumstances of credit card fraud refer to huge amounts of fraud or other serious circumstances. The amount here is huge. According to relevant judicial interpretations, it refers to those who defraud more than 50,000 yuan.

As for other serious circumstances, they mainly refer to those who use advanced technical means to forge and then use them; the ringleaders of criminal groups who use credit cards to commit fraud; those who use credit cards to commit fraud multiple times and refuse to change despite repeated admonitions; those who commit fraud because of their The behavior causes huge losses to other people's public and private property; the behavior causes bad influence, etc.

The so-called particularly serious circumstances refer to particularly huge amounts of fraud and other particularly serious circumstances. The starting point for a particularly large amount is 200,000 yuan according to relevant judicial interpretations.

As for other particularly serious circumstances, it mainly refers to those who use credit cards to commit fraud crimes as a regular business; those who are recidivists, habitual offenders or multiple offenders; those who have multiple serious circumstances; those who commit fraud due to their fraudulent behavior Causing particularly serious economic losses or other particularly serious consequences to others; using fraudulent property to commit other serious criminal offenses, causing particularly bad effects due to their actions, etc.

Reference materials:

China National People’s Congress Network-Criminal Law of the People’s Republic of China

Baidu Encyclopedia-Credit Card Fraud