Article 196 of the Criminal Law stipulates that whoever commits credit card fraud or theft 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 confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

I. Overdue credit cards have the following consequences:

It is a breach of contract not to repay after a credit card is overdrawn. The bank may require the cardholder to repay the principal, overdue interest, late payment fee and over-limit fee, etc. If the bank sues the court and wins, the cardholder will also bear the litigation costs;

If the cardholder maliciously overdraws a certain amount for the purpose of illegal possession and fails to pay it back within the time limit, which constitutes the crime of credit card fraud, he shall also bear criminal responsibility.

Overdue repayment will leave a bad credit record for the cardholder and affect the smooth progress of the cardholder's future loan.

Second, about credit card fraud.

Procedures and standards for filing the crime of credit card fraud: According to the relevant laws and regulations, anyone suspected of one of the following circumstances shall be prosecuted: using a forged credit card, obtaining a credit card with a false identity, invalidating a credit card or using another person's credit card falsely, and engaging in credit card fraud activities with an amount of more than 5,000 yuan. The term "fraudulently using another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations: (1) Picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ; (four) other circumstances of fraudulent use of other people's credit cards.