1, according to Article 196 of the Criminal Law, whoever commits credit card fraud in any of the following circumstances, if 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 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially 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 forged credit card; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft.
2. 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.
3. The so-called serious circumstances refer to the huge amount of fraud or other serious circumstances. The amount here is huge. According to the relevant judicial interpretation, it refers to people who defraud more than 50 thousand yuan. As for other serious circumstances, it mainly refers to the use of advanced technical means after forgery; The ringleader of a criminal group that uses credit cards for fraud; Repeated use of credit cards for fraud, incorrigible; Because of its fraudulent behavior, it has caused huge losses to other people's public and private property; Causing adverse effects due to its behavior; Wait a minute.
4. The so-called particularly serious circumstances refer to the huge amount of fraud and other particularly serious circumstances. According to the relevant provisions of judicial interpretation, the starting point standard for a particularly huge amount is 200,000 yuan. As for other particularly serious circumstances, it mainly refers to the use of credit cards to commit fraud; Belonging to recidivism, recidivism or recidivism; There are many serious circumstances; Causing particularly serious economic losses or other particularly serious consequences to others due to its fraudulent behavior; Using fraudulent property to commit other serious criminal crimes, and causing particularly bad effects due to its behavior.
Data expansion:
Identification of credit card fraud
Under any of the following circumstances, it can be proved that the perpetrator did not commit fraud intentionally, and it cannot be punished as a crime:
(1) I didn't know I used a forged or invalid credit card. Generally speaking, the use of forged or invalid credit cards can infer that the perpetrator has subjectively cheated, because it should be clear whether the perpetrator himself has a credit card. However, in practice, there may be such a situation that others lie that they have the actor's credit card and give it to the actor in order to obtain property, and the actor believes it. For a situation like this, of course, we can't think that the perpetrator has the intention of fraud.
(2) Misuse or fraudulent use of another person's credit card for the purpose of illegally possessing another person's property. If the actor owns his own credit card, but uses it due to mistakes or other reasons, it is not intentional, and of course it cannot be punished as a crime. In addition, the actor knowingly uses other people's credit cards, but uses them for jokes, urgent needs and other reasons, and then immediately explains to the legal cardholder and repays them. Since the perpetrator has no purpose of illegally possessing other people's property, he should not be punished as a crime.
(3) Overdraft of goodwill. Overdraft in good faith is allowed, so there is no problem of constituting a crime. Generally speaking, it is a question of distinguishing whether the overdraft of the actor belongs to goodwill or malice. If the actor overdraws continuously and causes huge overdraft, or the overdraft amount is not returned on time and continues to exceed the limit and refuses to repay, it can be considered as malicious overdraft; If the actor overdraws within the limit or overdraws beyond the limit but repays on time, it is a goodwill overdraft.
Source: Baidu entry credit card fraud