5% is huge. Like, ban your business from taking credit cards huge.
If your fraud has a large enough monetary value, large enough scale, or you work with another person on it, you can get hit with a serious felony charge and end up in prison for a few years. Disclaimer: I am not a lawyer or expert on credit card fraud.
Sort of like the highway system relies on an agreement not to play bumper-cars. There's nothing actually stopping anyone.
Self-preservation.
A chargeback with stripe costs like $15 for the seller. Even if the charge was only $1.5. Imagine the monetary problems you could create and the seller has no other way than to pay and hope to not get banned.