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How should credit card fraud be punished?

Legal Subjectivity:

Under certain circumstances, those who carry out credit card fraud activities 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 less than 200,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more 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 have property confiscated. Article 196 of the Criminal Law of the People's Republic of China. Legal objectivity:

1. Credit card fraud Credit card fraud (also called credit card fraud) refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. . 2. Public security penalties for credit card fraud Article 49 of the Public Security Administration Punishment Law fine; if the circumstances are serious, he or she shall be detained for not less than ten days but not more than fifteen days, and may also be fined not more than one thousand yuan. 3. Criminal penalties for credit card fraud are based on the provisions of paragraphs 1 and 2 of Article 196 of the Criminal Law as amended by the "Criminal Law Amendment (5)": Where one of the following circumstances occurs and the amount of credit card fraud is relatively large, Whoever commits a crime 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, he shall be sentenced to fixed-term imprisonment of not less than five 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 there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property 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. 4. Credit card fraud methods 1. SMS notification of "friendly" guidance. Scammers pretend to be bank staff and notify you that your credit card has been used successfully in a shopping mall, and leave a phone number for inquiries. When you call to ask if you have any questions, the scammer will "kindly" guide you to operate the ATM machine, and use various excuses to induce you to transfer the money to his designated account. 2. Call to ask for the password. The scammer falsely claims that your credit card has been stolen and the suspect has been caught, and requires the deceived person to report the card number and password to "bank staff" to avoid "the credit card being frozen." Once you give your relevant information to the scammer, the amount on your credit card will be stolen. 3. Fake websites are tempting to deceive. Scammers clone the real bank website and then advertise on it that the online bank is offering a lottery. When you click to enter, you will be asked to enter your card number and password. 4. Post “notices” to induce you to transfer money. Scammers often post a notice on the ATM machine such as "Bank system failure, please follow the following procedures, otherwise you will be responsible for the consequences." When you follow the prompts, the amount on your card will be transferred to the scammer. 5. Create the illusion that the credit card has been swallowed. Scammers first trick you in the ATM machine to prevent you from taking out your card, and then pretend to be a kind person to remind you to re-enter your password. When your operation fails and you go to the bank business hall to inquire, the "good Samaritan" will take the card away. To sum up, we can know that according to relevant laws and regulations, public security penalties for credit card fraud are mainly criminal detention and fines. If the circumstances are relatively minor, criminal detention will generally be imposed for five to ten days, and a fine of less than five hundred yuan will be required; if the fraud is more serious, a fine of approximately five hundred to one thousand yuan will be required, and The length of detention may be up to fifteen days.