if the credit card owes 1, yuan, and the amount is huge, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan. Credit card 1, yuan is a large amount, and the corresponding sentence is less than 5 years. If the amount of the principal in arrears reaches more than 1, yuan, and it has not been returned for more than 3 months after being collected by the issuing bank twice, it shall be deemed as malicious overdraft in criminal law, suspected of credit card fraud, and shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention according to law, and shall also be fined not less than 2, yuan but not more than 2, yuan. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law. If you don't pay it back temporarily, you can pay it off later, which will only generate interest and late fees. However, if the principal overdraft exceeds 1, yuan, the bank still refuses to repay, and may be subject to criminal punishment. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Including excluding compound interest, late fees, handling fees, etc. To be collected by the issuing bank.

Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud in any of the following cases. 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: (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 term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

how to judge the crime of credit card fraud

if someone uses another person's credit card to commit fraud, they must subjectively have the purpose of defrauding other people's property. Only the subjective intention of fraud and the objective behavior of fraudulently using other people's credit cards can constitute this crime. In practice, some credit card holders lend their cards to others, such as their relatives and friends. In the form of expression, users also fraudulently use other people's credit cards, but the behavior of users fraudulently using other people's credit cards is recognized by cardholders. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively take possession of the cardholder's property for the purpose, so it does not have the essential characteristics of the crime of credit card fraud.