According to Article 196 of Chapter III of the Criminal Law of People's Republic of China (PRC), the crime of credit card fraud
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; 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.
Extended data
Case:
A man in Shenzhen overdrawn 6.5438+0.7 million yuan with a credit card, and was unable to repay it because of business failure. Recently, it was arrested by the police in Baoan District, Shenzhen.
12 15, Shajing Police Station in Bao 'an District, Shenzhen received an alarm from the staff of the Construction Bank under its jurisdiction, saying that 20 13 10, a man named Ge Molong applied for a credit card in the bank, and he has been spending it since he issued it, but he failed to repay it after June 18 this year. By the end of 12 and 15 this year, Ge's credit card account owed more than RMB17,000 in principal, RMB19,000 in interest and RMB 9,000 in late fees, totaling more than RMB 200,000.
After receiving the report, the police immediately launched an investigation and arrested the suspect Ge (male, 57 years old, from Shanghai) in a rented house in Bantian, Longgang District, Shenzhen. After the trial, Ge Moulong confessed to the malicious overdraft of credit cards. According to the suspect, due to business failure, funds are tight and there is no repayment ability. At present, Ge Moulong has been criminally detained by the police on suspicion of credit card fraud.
Extended data source: A man's credit card in Shenzhen was overdrawn10.7 million, unable to repay the quilt cover.