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

1. Using forged credit cards or fraudulently obtaining credit cards with false identity certificates , invalidated credit cards or fraudulently using other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan

2. Malicious overdrafts, with the amount exceeding 10,000 yuan. "Malicious overdraft" as 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 the amount for more than three months after being called upon twice by the card-issuing bank. If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

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 in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than 5 years or Criminal detention and a fine of 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 person shall be sentenced to fixed-term imprisonment of not less than 5 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 if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 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 counterfeit 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.

"Interpretation 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 Obstructing the Management of Credit Cards"

Article 5: Using forged credit cards, using false identity certificates Credit cards obtained fraudulently, invalidated credit cards, or fraudulently using other people's credit cards to conduct credit card fraud, and the amount is more than 5,000 yuan but less than 50,000 yuan, shall be deemed to be a "large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 1.

The term "impersonating other people's credit cards" as mentioned in the third paragraph of Article 196 of the Criminal Law includes the following situations:

(1) Picking up other people's credit cards and using them ;

(2) Defrauding others of their credit cards and using them;

(3) Stealing, bribing, defrauding or obtaining other people’s credit card information through other illegal means and using it through the Internet or communication terminals etc.;

(4) Other situations of fraudulently using other people’s credit cards.

Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than three months after two effective calls by the card-issuing bank, it shall be deemed to be a first-rate violation of the criminal law. "Malicious overdraft" as stipulated in Article 196.

For the purpose of illegal possession, the cardholder’s credit record, repayment ability and willingness, the status of applying for and overdrafting the credit card, the purpose of the overdraft funds, the performance after the overdraft, and failure to comply with regulations should be considered. The reasons for repayment and other circumstances shall be judged. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law, but there is evidence to prove that the cardholder does not possess illegal possession. Exceptions for purposes:

(1) Overdrafts that cannot be returned due to large amounts of money knowing that one has no ability to repay;

(2) Overdrafts that cannot be returned after applying for a credit card using false credit certificates ;

(3) After overdraft, evade bank collection by hiding, changing contact information, etc.;

(4) Escape, transfer funds, hide property, and avoid repayment;

(5) Using overdraft funds to carry out criminal activities;

(6) Other situations of illegally possessing funds and refusing to return them.