If the amount of fraudulent use exceeds 5,000 yuan, it constitutes a crime of credit card fraud. If the amount is less than 5,000 yuan, administrative liability and civil liability will be borne.

Apologise to the parties concerned and repay all debts owed. This is only a civil liability for compensation, and does not affect the fact that your criminal behavior must be prosecuted, because credit card fraud must be prosecuted, and the victim does not have the right to sue. The right to sue is raised by the state through public prosecution by the procuratorate.

As long as someone, no matter who reports it or the public security agency discovers your crime through investigation, you will definitely be subject to criminal punishment.

If the amount of your credit card fraud is 5,000 to 50,000, you will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan;

The amount of fraud If the amount is 50,000 to 200,000, if the amount is huge or there are other serious circumstances, the person 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;

The amount of fraud is If the amount exceeds 200,000 yuan, if the amount is extremely huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation.

(1) Using a counterfeit credit card;

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From your behavior It seems that you have committed two criminal acts, one is forging a credit card, and the other is using a forged credit card to defraud a bank. Therefore, even if your amount does not reach 50,000 yuan, it still qualifies as "having other serious circumstances." You are likely to be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan. This is the range of the penalty.

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That so-called "legal expert" upstairs, I can no longer tolerate you going around answering questions about the law. Question, completely irresponsible to the parties concerned. I extremely doubt whether you are a graduate of Peking University Law School! Your extremely weak legal skills and extremely irresponsible answers have led many inquirers who do not know the truth to make wrong judgments. If you continue to answer legal questions like this, there is no legal basis at all, and you only answer legal questions based on your extremely weak legal level, I will scold you! I can’t stand it, I have no quality!

You must be kind as a person, and you must be qualified as a lawyer!

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Legal basis 1: Criminal law

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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 less than 200,000 yuan. A fine of not more than RMB 50,000; 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 ten years, and a fine of not less than RMB 50,000 but not more than RMB 500,000; 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 ten years. or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated:

(1) Using a forged credit card;

(2) Using Capped credit cards;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdrafts.

The so-called 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 it even 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.

Legal basis two: The Supreme People's Court's "Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases"/n575458/n776436/n805010/n825185/3305106.html

Forty-six , Credit card fraud case (Article 196 of the Criminal Law)

Anyone who commits credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

1. Use a counterfeit credit card, or use an invalid credit card or fraudulently use other people’s credit cards to commit fraud, with the amount exceeding 5,000 yuan;

2. Malicious overdraft, with the amount exceeding 5,000 yuan.

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The crime of credit card fraud (Article 196 of the Criminal Law) refers to the purpose of illegal possession. Violating credit card management regulations, using credit cards to conduct fraudulent activities, and defrauding large amounts of property.

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 and private property, and committing large amounts of money. The specific behaviors are as follows:

1. Using counterfeit credit cards to commit fraud. The so-called use includes various services such as purchasing goods with a credit card, withdrawing cash from banks or ATMs, and accepting credit cards for payment and settlement. The “counterfeit credit card” here refers to the counterfeit credit card stipulated in Article 177 of this Law, that is, a credit card manufactured using various illegal methods. For counterfeit credit cards, some are used by the counterfeiters themselves to carry out fraudulent activities, and some are sold or given to others by the counterfeiters, who then use them to carry out fraudulent activities. Whether it is used by oneself or by others, for the user, it is a situation of "using a counterfeit credit card". The use of counterfeit credit cards, whether to make purchases or receive various paid services, is fraudulent in nature.

2. Use an expired credit card to commit fraud. The so-called expired credit card refers to the use of a credit card that has become invalid due to legal reasons. According to relevant regulations, invalidated credit cards mainly include the following types: (1) Credit cards automatically expire after their effective use period. Depending on the card-issuing bank and the type of credit card, the valid period of use of the credit card also varies, ranging from one year to two years to three years or longer. If you no longer use the credit card after the effective period of use or if you still need to continue using it and go through the card replacement procedures, you should return the expired credit card to the issuing bank or card issuing company. (2) The credit card holder stops using the card halfway within the validity period. At this time, although the validity period of the credit card has not expired, it will be invalid after the card return procedure is completed. (3) The credit card becomes invalid due to reporting the loss of the credit card.

3. Pretending to use other people’s credit cards to commit fraud. The so-called fraudulent use of other people’s credit cards refers to the behavior of a non-cardholder using the cardholder’s credit card in the name of the cardholder to defraud property. For example, using a found credit card; using a credit card kept for the cardholder to make purchases without the cardholder’s consent, etc.

4. Use credit cards for malicious overdrafts. Credit card overdrafts refer to situations where the cardholder has insufficient funds or no funds in the credit card account of the issuing bank. With the approval of the bank, the cardholder can still Use a credit card to make purchases. A credit card overdraft is essentially a consumer credit provided by the bank to the cardholder, which allows the cardholder to make purchases first if the funds are insufficient, and then the cardholder will replenish the funds later and pay a certain amount of interest as required. In my country, all card-issuing banks generally stipulate that cardholders are allowed to make short-term good faith overdrafts within a certain limit. In practice, some criminals take advantage of the overdraft feature of bank credit cards for the purpose of illegal possession. They still fail to return the overdraft after being called by the card-issuing bank, or abscond and conceal their identity after a large overdraft to evade repayment responsibilities. This behavior is called This is the so-called fraud crime of using credit cards to maliciously overdraft.

This 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.

The so-called serious circumstances refer to a huge amount 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, it mainly refers to those who use advanced technical means to forge and then use them; the ringleader of a criminal group that uses credit cards to commit fraud; those who use credit cards multiple times to commit fraud and refuse to change; those who have caused huge losses to other people's public and private property due to their fraudulent behavior losses; causing adverse effects due to his actions; 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 repeat offenders; those who have multiple serious circumstances; those whose fraudulent activities cause particularly serious economic losses to others. or other particularly serious consequences; using defrauded property to commit other serious criminal offenses, causing particularly bad effects due to their actions; etc.