According to Article 196 of the Criminal Law of People's Republic of China (PRC), whoever commits credit card fraud 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.
(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 act that the borrower 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.
Extended data:
Credit loans are not fraud.
According to the provisions of Articles 192 and 193 of the Criminal Law of People's Republic of China (PRC), it is a crime of fraud to defraud a large amount of public or private property for the purpose of illegal possession. The purpose of illegal possession is an important feature of the crime of infringing property ownership stipulated in criminal law.
The borrower fails to repay the loan for a long time, or fabricates a lie or conceals the truth to defraud money and materials, and cannot repay the loan at maturity. If the issuing bank or other financial institution fails to return the money after collection, it is a malicious overdraft and can be punished according to the purpose of illegal possession, which is a fraud.
Supreme Procuratorate of People's Republic of China (PRC)-People's Republic of China (PRC) Criminal Law Amendment 1997