The judgment is mainly based on factors such as the defendant’s criminal circumstances and the amount of money involved.

Generally speaking, the greater the amount involved and the more serious the crime, the heavier the sentence.

Credit card fraud refers to the act of using credit cards to conduct fraudulent activities and defraud others of their property. According to the relevant provisions of my country's criminal law, the sentencing standards for credit card fraud are mainly affected by the following aspects:

1. The amount involved

The amount involved is an important factor in determining the sentencing for credit card fraud. one. Usually, the greater the amount involved, the heavier the sentence will be. Specific sentencing standards will vary according to judicial practice and economic development in different regions.

2. Crime circumstances

Criminal circumstances include criminal means, criminal motives, number of crimes and other factors. For example, the use of high-tech means to commit fraud or multiple frauds will be considered serious crimes, resulting in a heavier sentence.

3. The defendant’s subjective malignancy

The defendant’s subjective malignancy is also one of the factors that affects sentencing. If the defendant shows obvious malice and premeditation during the crime, or causes greater economic losses and psychological harm to the victim, the sentencing will be increased accordingly.

In judicial practice, the court will sentence the crime of credit card fraud based on the specific circumstances. Typically, prison terms for credit card fraud can range from months to years, along with fines. For particularly serious cases, you may also face life imprisonment or death penalty.

In addition, it is worth noting that the crime of credit card fraud will not only have legal consequences for the defendant, but also have a serious impact on the victim's property security and credit record. Therefore, we should strengthen publicity and education on credit card fraud and improve public awareness of prevention.

In summary:

The sentencing standard for credit card fraud is mainly determined based on factors such as the amount involved, the circumstances of the crime, and the defendant’s subjective malignancy. The court will determine the sentence based on the specific circumstances, and for particularly serious cases, more severe penalties may be imposed. At the same time, we should also strengthen publicity and education to raise public awareness of credit card fraud.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196 provides:

Whoever commits credit card fraud under any of the following circumstances 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 more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not more than five years in prison or criminal detention; If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years of fixed-term imprisonment or life imprisonment and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of less than RMB 10,000 or confiscation of property may be imposed:

(1) Using a counterfeit credit card;

(2) Using an expired credit card;

(3) Pretending to be Using other people’s credit cards;

(4) Malicious overdraft.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impeding the Management of Credit Cards"

Article 6 stipulates:

Uphold If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. .