Legal analysis: Components of the crime of credit card fraud: The object of this crime is the credit card management system and public and private property ownership; the objective aspect of this crime is that the perpetrator fabricates facts or conceals the truth, and uses credit cards to defraud The behavior of public and private property; the subject of this crime is a general subject, and natural persons can become the criminal subject of this crime; the subjective aspect of this crime is intentionality.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China": Anyone who 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; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the circumstances are huge or there are other particularly serious circumstances, he 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 his property shall be confiscated:

(1) Using a forged credit card, Or using a credit card fraudulently obtained with false identification;

(2) Using an invalid 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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.