Legal analysis:
A case can be filed for a fraud amount of 3,000 yuan. According to the law, those who defraud public or private property worth 3,000 yuan to more than 10,000 yuan, 30,000 yuan to more than 100,000 yuan, or more than 500,000 yuan shall be deemed to be relatively large, huge or particularly huge amounts respectively. Therefore, defrauding public or private property worth up to 3,000 yuan constitutes a crime of fraud. 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 a false identity certificate, or using an expired credit card, or fraudulently using another person’s credit card to commit fraud. Fraudulent activities, the amount is more than 5,000 yuan; (2) Malicious overdraft, the amount is more than 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 266 of the "Criminal Law of the People's Republic of China" Criminal detention or surveillance, and shall be concurrently or solely fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; 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 three years but not more than ten years and shall also be fined; 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 three years but not more than ten years and shall also be fined; 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 three years but not more than ten years. Imprisonment or life imprisonment, and a fine or confiscation of property.
Derived questions:
How long does it take for a fraud case to be concluded?
From the time the police file is filed to the court’s decision, a criminal case is usually detained for 7 days, with the longest being 37 days. After the arrest, there are still two months for the public security investigation, and then transfer to the procuratorate for review and prosecution, which is usually one month. If the procuratorate believes that the evidence is insufficient, there are two opportunities to return to the public security office for supplementary investigation. The final prosecution to the court is usually two month verdict. It takes at least half a year to complete a case file.