Criteria for filing credit card fraud cases:

1. Malicious overdraft, amounting to more than 10,000 yuan;

2. Using forged credit cards, or using other Using false identity certificates to fraudulently obtain credit cards, or using expired credit cards, or falsely using other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan.

Sentencing: Generally, the offender shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan.

Legal Basis

Article 54 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"

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

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, Or fraudulently use other people’s credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.