Article 196 of the Criminal Law stipulates: Whoever commits credit card fraud 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; if the amount is huge or there is For other serious circumstances, he 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; 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. Fines ranging from RMB 50,000 to RMB 500,000 or confiscation of property.

What are the constituent elements of the crime of credit card fraud

According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the use of credit cards to commit fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations , the act of defrauding a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is special law and general law. In this crime, credit card is a criminal tool, not a crime object. If a perpetrator uses credit cards as a criminal tool to carry out fraudulent activities, he will be convicted and punished for this crime in accordance with the principle that special laws are superior to general laws. Therefore, the crime of credit card fraud, in short, is the criminal activity of fraud committed by using the credit reflected in the credit card. The constituent elements of the crime of credit card fraud are as follows:

(1) The objects violated by this crime are the credit card management system and the ownership of public and private property.

(2) The objective aspect of this crime is that the perpetrator uses credit cards to defraud public or private property by fabricating facts or concealing the truth.

(3) The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime.

(4) The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions have their own specific content. For example, if a counterfeit credit card or an invalid credit card is used to commit fraud, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, this crime cannot be committed. In the case of credit card overdrafts, the distinction between bona fide overdrafts and malicious overdrafts should also be analyzed from the intentional content of the perpetrator. If the perpetrator has the intention to illegally possess other people's property, it is a malicious overdraft, and vice versa, it is a bona fide overdraft.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196: Credit card fraud is committed under any of the following circumstances: If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly 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 forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

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

(4) Malicious overdraft.