The amount of fraud reaches 90,000, which is a huge amount. According to the law, he will be sentenced to a term of not less than five years but not more than ten years, and a suspended sentence is only available for a fixed-term imprisonment of not more than three years. Therefore, if there is no major meritorious service, if you want to get a suspended sentence It's impossible! In addition, only new cases and difficult cases can go through the review committee. The relevant provisions are as follows:

"Criminal Law"

Article 72 The applicable conditions for probation are for those sentenced to criminal detention or less than three years. Criminals serving fixed-term sentences who meet the following conditions at the same time may be given a suspended sentence. Those who are under the age of 18, pregnant women and those who are over 75 years old shall be given a suspended sentence:

( 1) The circumstances of the crime are relatively minor;

(2) There is repentance;

(3) There is no risk of committing another crime;

(4) A suspended sentence is given to the person There are no major adverse impacts on the community where one lives.

Declaring a suspended sentence can be based on the circumstances of the crime and at the same time prohibit criminals from engaging in specific activities, entering specific areas, places, and contacting specific people during the probation period.

Article 196: Whoever commits the crime of credit card fraud or theft under any of the following circumstances and commits credit card fraud 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 20,000 yuan A fine of not less than 200,000 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 10 years, and 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 , 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 have property confiscated:

(1) Using a forged credit card, or using false identity certificates to defraud

(2) Using an invalid 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. "

"Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" 7. According to Article 14 of the "Decision", the use of credit cards to carry out fraudulent activities with a relatively large amount constitutes a credit card fraud. Crime of fraud.

If an actor commits the acts specified in Article 14, Paragraph 1 (1), (2), and (3) of the "Decision", and the amount of fraud exceeds 5,000 yuan, it shall be classified as " "The amount of fraud is relatively large"; if the amount of fraud exceeds 50,000 yuan, it is classified as "huge amount"; if the amount of fraud is more than 200,000 yuan, it is classified as "especially huge amount".