The crime of credit card fraud refers to the use of credit cards to carry out fraudulent activities for the purpose of illegal possession, and to defraud a relatively large amount of property. The standards for filing a case and sentencing are as follows:
1. Criteria for filing a case.
1.Using a counterfeit credit card or using a credit card fraudulently obtained with false identification;
2.Using an invalid credit card;
3.Fraudulent use of another person's credit card;
4.Malicious overdraft.
As long as one of the above acts is committed, a case can be filed for criminal responsibility.
II. Sentencing standards.
1.where the amount of fraud is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given
2.where the amount of fraud is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given
3.Where the amount of fraud is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property is to be given.
For the specific standard of a large amount, it can be determined according to the local economic situation, and generally speaking, the amount of fraud above 5,000 yuan can be determined as a large amount. The criteria for determining other serious circumstances may be judged on the basis of specific circumstances.
It is important to note that the crime of credit card fraud is a serious crime that will not only cause serious damage to personal credit, but may also be subject to criminal penalties for violating the law. Therefore, when using a credit card, it is important to comply with the relevant regulations and laws and regulations to avoid fraud.