Article 196 of the Criminal Law stipulates: "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.
Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates that if the overdraft exceeds the prescribed limit or is not returned by the issuing bank for more than three months within the prescribed time limit, it shall be deemed as "malicious overdraft"; If the amount is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, it is a "large amount"; If it is more than 6,543.8+0,000 yuan and less than 6,543.8+0,000 yuan, it is a "huge amount"; More than 6,543,800 yuan, belonging to the "extremely huge amount".
Extended data:
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being repeatedly urged 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 there is no repayment ability, it overdraws a lot and cannot be returned.
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.
5, the use of overdraft funds for illegal and criminal activities.
6, other illegal possession of funds, refused to return the behavior.
References:
Baidu Encyclopedia-Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management