Legal basis: Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management constitutes the crime of credit card fraud, and shall be sentenced separately according to the amount of malicious overdraft: if the amount of malicious overdraft is more than 6.5438+0 million yuan but less than 6.5438+0 million yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law, and it may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount of malicious overdraft is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law, and it may 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 50,000 yuan but not more than 500,000 yuan; If the amount of malicious overdraft is more than 6,543,800 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law, and it may be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscation of property. If the amount of malicious overdraft is below 6,543,800 yuan, civil liability shall be investigated.