It is not credit card fraud to pay back a portion of an overdue credit card in full but pay it off in full each time.
According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities.
Among them, malicious overdraft, according to the second paragraph of Article 196 of the "Criminal Law", means that the cardholder of the credit card exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession and continues to overdraft after being called by the card-issuing bank. The act of not returning. If it is overdue but still pays part of it every time, it cannot be regarded as a malicious overdraft.
Therefore, it is not considered credit card fraud to pay off a portion of an overdue credit card but cannot pay it off in full.
Extended information:
Article 196 of the Criminal Law: Anyone who 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 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, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Baidu Encyclopedia-Credit Card Fraud