1. What is the sentencing standard for credit card fraud in Shanghai? Sentencing standards for credit card fraud in Shanghai: For larger amounts (fraud of more than 5,000 yuan): sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and a fine of not more than 20,000 yuan but not more than 200,000 yuan; for huge amounts (fraud of more than 5,000 yuan) or other For serious circumstances: be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge (fraud of more than 200,000 yuan) or there are other particularly serious circumstances: 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. What are the standards for filing a crime of credit card fraud? 1. Use forged credit cards, credit cards fraudulently obtained with false identity documents, invalid credit cards, or fraudulently use other people’s credit cards to commit credit card fraud, with the amount exceeding 5,000 yuan. The term "false use of other people's credit cards" as mentioned in Item 3 of Article 196 of the Criminal Law includes the following situations: (1) Finding other people's credit cards and using them; (2) Fraudulently obtaining other people's credit cards and using them; ( 3) Stealing, bribing, defrauding or obtaining other people's credit card information through other illegal means and using it through the Internet, communication terminals, etc.; (4) Other situations of fraudulently using other people's credit cards. 2. Malicious overdraft of more than 10,000 yuan. If a 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. ". If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. What are the constituent elements of the crime of credit card fraud? The constituent elements of the crime of credit card fraud are as follows: (1) The objects of this crime are the credit card management system and the ownership of public and private property. (2) The objective aspect of this crime is that the perpetrator uses credit cards to defraud public or private property by fabricating facts or concealing the truth. (3) The subject of this crime is a general subject, and natural persons can become the criminal subject of this crime. (4) The subjective aspect of this crime is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions also have their own specific content. For example, if a counterfeit credit card or an invalid credit card is used to commit fraud, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, this crime cannot be committed. In the case of credit card overdrafts, the distinction between bona fide overdrafts and malicious overdrafts should also be analyzed from the intentional content of the perpetrator. If the perpetrator has the intention to illegally possess other people's property, it is a malicious overdraft, and vice versa, it is a bona fide overdraft. To sum up, if there is a case of credit card fraud in Shanghai, the court will consider the actual degree of illegality when sentencing criminals, especially those where the amount of fraud is very large and directly harms most people. After that, the relevant illegal elements will be severely punished to show the majesty of the law to the society.