The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property.

Article 196: Whoever commits credit card fraud under 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. fine; 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 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; Imprisonment or 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.

Judicial Interpretation

Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstructing Credit Card Management

"The Supreme People's Court, the Supreme People's Procuratorate" The Interpretation of the People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Obstruction of Credit Card Management was issued by the 1475th Session of the Judgmental Committee of the Supreme People's Court on October 12, 2009 and by the 11th Session of the Supreme People's Procuratorate on November 12, 2009. Passed at the 22nd meeting of the Procuratorial Committee, it is hereby announced and will come into effect on December 16, 2009.

December 3, 2009

Fa Interpretation [2009] No. 19

In order to punish criminal activities that impede credit card management in accordance with the law and maintain the order of credit card management and the legitimate rights and interests of cardholders. According to the provisions of the "Criminal Law of the People's Republic of China and the People's Republic of China", several issues concerning the specific application of laws in handling such criminal cases are explained as follows:

Article 1: Copying other people's credit cards, Anyone who writes other people's credit card information into magnetic stripe media or chips or uses other methods to forge more than one credit card shall be deemed to be a "forged credit card" as specified in Item (4) of Paragraph 1 of Article 177 of the Criminal Law. Convicted and punished for the crime of counterfeiting financial instruments.

Anyone who forges more than 10 blank credit cards shall be deemed as a "counterfeit credit card" as specified in Item (4) of Article 177, Paragraph 1, of the Criminal Law, and shall be convicted and punished for the crime of forging financial instruments.

If any of the following circumstances applies to forging credit cards, it shall be deemed as a "serious circumstance" as stipulated in Article 177 of the Criminal Law:

(1) Forging more than 5 credit cards Less than 25; (2) The deposit balance and overdraft limit in the forged credit card, individually or in total, is more than 200,000 yuan but less than 1 million yuan;

(3) Forgery There are more than 50 but less than 250 blank credit cards;

(4) Other serious circumstances.

Any person who forges credit cards under any of the following circumstances shall be deemed to be a "particularly serious case" as stipulated in Article 177 of the Criminal Law:

(1) Counterfeiting 25 credit cards The above;

(2) The deposit balance and overdraft limit in the forged credit card, individually or in total, are more than 1 million yuan;

(3) The forged blank credit cards are more than 250 ;

(4) Other particularly serious circumstances.

The "deposit balance and overdraft limit in the credit card" referred to in this article are calculated based on the maximum deposit balance and overdraft limit recorded by the issuing bank after the credit card was forged.

Article 2 Whoever holds and transports more than 10 but less than 100 blank credit cards knowing that they are counterfeit shall be deemed to be guilty of Article 177-1, Paragraph 1, Item (1) of the Criminal Law. The "large quantity" specified in the provisions; anyone who illegally holds more than 5 but less than 50 credit cards of others shall be deemed as the "large quantity" specified in Item (2) of Article 177-1, Paragraph 1, of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed to be a "huge quantity" as stipulated in the first paragraph of Article 177-1 of the Criminal Law:

(1) Knowingly knowing that it is forgery Holding and transporting more than 10 credit cards;

(2) Holding and transporting more than 100 blank credit cards knowing that they are counterfeit;

(3) Illegal possession Having more than 50 credit cards from others;

(4) Using false identity certificates to fraudulently obtain more than 10 credit cards;

(5) Selling, buying, or providing forged credit cards to others Credit cards or more than 10 credit cards fraudulently obtained with false identification.

Using other people’s ID cards, military officer ID cards, soldier ID cards, Mainland Travel Permits for Hong Kong and Macao residents, Mainland Travel Permits for Taiwan residents, passports and other identity documents to apply for credit cards against other people’s wishes, or using forged or altered documents If a person applies for a credit card using a false identity certificate, it shall be deemed as "using a false identity certificate to fraudulently obtain a credit card" as stipulated in Article 177-1, Item (3) of the Criminal Law.

Article 3 Stealing, buying, or illegally providing other people’s credit card information is enough to forge a credit card that can be used for transactions, or is enough to enable others to conduct transactions in the name of the credit card holder, involving more than 1 but less than 5 credit cards. According to the provisions of Paragraph 2 of Article 177-1 of the Criminal Law, he shall be convicted and punished for the crime of stealing, buying or illegally providing credit card information; if more than 5 credit cards are involved, it shall be deemed as Article 177 of the Criminal Law. The “huge quantity” stipulated in the first paragraph of one.

Article 4: Produce and provide false credit certification materials such as property status, income, position, etc. for credit card applicants, involving the forgery, alteration, or sale of official documents, certificates, and seals of state agencies, or the forgery of companies, The seals of enterprises, institutions, and people's organizations that should be investigated for criminal liability shall be charged with forging, altering, and buying and selling official documents, certificates, and seals of state agencies and forging companies, enterprises, and institutions in accordance with the provisions of Article 280 of the Criminal Law. , conviction and punishment for the crime of sealing of people's organizations. Intermediary organizations or their personnel responsible for asset evaluation, capital verification, verification, accounting, auditing, legal services, etc. who provide credit card applicants with false credit certification materials such as property status, income, position, etc. shall be held criminally responsible. According to the provisions of Article 229, they will be convicted and punished for the crime of providing false certification documents and the crime of issuing significant misrepresentation of certification documents.

Article 5: Use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely use other people’s credit cards to conduct credit card fraud, with the amount exceeding 5,000 yuan and less than 50,000 yuan. It should be determined as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount exceeds 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The term "false use of other people's credit cards" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) Lost other people's credit cards and Use;

(2) Defraud other people’s credit cards and use them;

(3) Steal, bribe, defraud or obtain other people’s credit card information through other illegal means, and use it through the Internet, Used by communication terminals, etc.;

(4) Other situations of fraudulent use of other people’s credit cards.

Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be the first violation of the criminal law. "Malicious overdraft" as stipulated in Article 196.

If any of the following circumstances occurs, it shall be deemed as "illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests have been repaid after the public security organ files the case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the 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 in accordance with the law.

Article 7 Violates national regulations by using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., and the circumstances are serious , should be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law.

Any person who commits the acts in the preceding paragraph and the amount is more than 1 million yuan, or causes the financial institution's funds of more than 200,000 yuan to be overdue, or causes the financial institution to suffer economic losses of more than 100,000 yuan, shall be deemed to be a criminal offender. "Severe circumstances" as stipulated in Article 225; if the amount is more than 5 million yuan, or if the financial institution's funds are overdue for more than 1 million yuan, or if the financial institution's economic losses are more than 500,000 yuan, it shall be determined. It is “especially serious circumstances” as stipulated in Article 225 of the Criminal Law.

If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card fraud in accordance with Article 196 of the Criminal Law.

Article 8 If a unit commits a crime stipulated in Articles 1 and 7 of this Interpretation, the standards for conviction and sentencing shall be implemented in accordance with the provisions of the respective articles.

According to your description, I am suspected of credit card fraud and must bear criminal responsibility.