Credit card fraud is punishable by imprisonment for not more than five years or criminal detention.
If the perpetrator has used the fraudulent property to pay off debts or transferred it to another person, and under any of the following circumstances, it shall be recovered in accordance with the law:
1. The other party knowingly received the fraudulent property ;
2. The other party obtains the fraudulent property for free;
3. The other party obtains the fraudulent property at a price that is significantly lower than the market price;
4. The other party obtains the fraudulent property Fraudulent property originates from illegal debts or illegal and criminal activities.
The crime will no longer be prosecuted after the following period:
1. The statutory maximum penalty is property defrauding. The victim must call the police in time, and the public security agency will accept and review the case to determine the nature of the case. If it constitutes a crime of fraud, the legal statute of limitations for prosecution is five years; if it does not constitute a crime, the prosecution period for public security cases is six months. The victim can call the police within six months, and the public security organs will punish the illegal perpetrators. Public security punishment;
2. If the statutory maximum penalty is fixed-term imprisonment of more than five years but less than ten years, after ten years;
3. If the statutory maximum penalty is fixed-term imprisonment of more than ten years, After fifteen years;
4. If the statutory maximum penalty is life imprisonment or death, twenty years have passed. If it is deemed necessary to pursue prosecution after twenty years, it must be reported to the Supreme People's Procuratorate for approval.
Legal basis: Article 148 of the "People's Republic of China and Civil Code"
One party uses fraudulent means to cause the other party to act against its true intention For civil legal acts, the party who was defrauded has the right to request the people's court or arbitration institution to cancel it.