For the purpose of illegal profit-making, if the amount of fraud is relatively large, it may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

The constitutive elements of the crime of credit card fraud are as follows:

1, the object of this crime is the credit card management system and the ownership of public and private property;

2. The objective aspect of this crime is that the actor uses the credit card to defraud public and private property by means of fictional facts or concealing the truth;

3. The subject of this crime is a general subject, and a natural person can be the subject of this crime;

4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime;

What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the criminal intention of the perpetrator is different because of the different behavior modes.

To sum up, the malicious overdraft 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 according to law.

Legal basis:

Article 196th of the Criminal Law of People's Republic of China (PRC)

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount is relatively large, it 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.