Legal Analysis
The crime of fraud refers to the act of defrauding a relatively large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The object of the crime of fraud is limited to national, collective or individual property, rather than defrauding other illegal benefits. For the purpose of illegal possession, defrauding other people's credit cards and using them in large amounts; using credit cards to maliciously overdraft constitutes the crime of credit card fraud. The crime of credit card fraud refers to the perpetrator using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an expired credit card, or fraudulently using another person's credit card, or a malicious overdraft credit card, to conduct credit card fraud activities involving a relatively large amount. behavior. Maliciously defrauding other people's credit cards and using them is a bad behavior that goes against the will of others and infringes on the legitimate rights and interests of others. It constitutes a crime according to law and is an act punishable by criminal law.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Under any of the following circumstances, if the amount of credit card fraud is relatively large, the person shall be punished Whoever commits a crime 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 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a counterfeit credit card Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.