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Can a case be filed for overdraft using someone else’s credit card?

Using someone else's credit card to commit malicious overdraft fraud constitutes the crime of credit card fraud. It is an international rule of credit card management that a credit card must be used by the cardholder himself. According to this rule, the right to use a credit card is limited to the cardholder himself and cannot be lent or transferred. The so-called "pretending to use another person's credit card" refers to the non-cardholder's use of the credit card in the name of the cardholder to conduct shopping, consumption, cash withdrawals and other fraudulent activities within the credit card business without the cardholder's consent or authorization. To fraudulently use another person's credit card, the perpetrator must have the purpose of illegal possession, which will be different from formal fraudulent use such as borrowing the credit card of a relative or friend. Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. 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 20,000 yuan. A fine of not less than 200,000 yuan but not more than 200,000 yuan; 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 , shall be sentenced to fixed-term imprisonment of not less 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, 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. 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.