1. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card fraud is a kind of fraud crime, and the relationship between this crime and fraud crime is between special law and general law. Credit card is a criminal tool in this crime. If the perpetrator uses credit card as a criminal tool to conduct fraud activities, he will be convicted and punished for this crime according to the principle that special law is superior to general law.

2. Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

3. Explanations 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 Impairment of Credit Card Management

Article 5 Whoever uses forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent credit cards of others to engage in credit card fraud activities, the amount of which is more than 5, yuan but less than 5, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5, yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.