1. Use forged credit cards, credit cards fraudulently obtained by fraudulent use of false identification, invalid credit cards, or fraudulent use of other people's credit cards for credit card fraud, with an amount of more than 5,000 yuan.
"Fraudulent use of another person's credit card" as mentioned in Item 3, Paragraph 1, Article 196 of the Criminal Law includes the following situations:
1. Pick up someone else's credit card and use it.
2. Deceive others' credit cards and use them.
3. Steal, buy, cheat or obtain other people's credit card information by other illegal means, and use it through the Internet, communication terminals, etc.
4. Other circumstances of fraudulent use of other people's credit cards.
The second is the malicious overdraft of 654.38 million yuan.
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:
1, knowing that it is unable to repay, it overdraws a lot and is unable to repay.
2, squandering overdraft funds, unable to return.
3. Run away after overdraft, change contact information and avoid bank collection.
4. Withdrawing or transferring funds, concealing property and evading repayment.
4, the use of overdraft funds for illegal and criminal activities.
6, other illegal possession of funds, refused to return the behavior. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Sentencing of credit card fraud;
Whoever commits this 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.
2. 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.
3. 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 of property.
Extended data:
Compared with other punishment methods, fixed-term imprisonment has the following characteristics:
1. It imprisons criminals for a certain period of time and deprives them of their personal freedom.
2. Fixed-term imprisonment has a wide range of terms and a wide range of applications. The upper limit of fixed-term imprisonment is connected with life imprisonment, and the lower limit is connected with criminal detention, with a large middle span and great separability.
Can be used as a severe punishment for serious crimes; It can also be used as a moderate punishment for criminal acts with moderate harm; It can also be used as a lighter punishment for crimes with less harm. Therefore, fixed-term imprisonment is the most widely used penalty method in China's penalty system. In the specific provisions of the criminal law, all statutory punishments are stipulated as fixed-term imprisonment.
3. Criminals should be forced to receive education and reform through labor. Criminals sentenced to fixed-term imprisonment who have the ability to work should take part in labor, receive education and reform. This kind of labor is compulsory, which reflects China's policy of reeducation through labor.
Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law
Baidu encyclopedia-credit card fraud