What if bank credit card fraud is wanted?
What if credit card fraud is wanted by the bank? If the card issuer fails to return it after two reminders for more than 3 months, it is a malicious overdraft in the crime of credit card fraud. The urgent task is to repay the money owed and have a good attitude of pleading guilty. In view of the fact that it is a first-time offender and there is no intention of malicious overdraft, the statutory penalty for the crime of credit card fraud is less than five years, and the serious case is more than five years. If it is a public prosecution case and cannot be reconciled, it is suggested that the court mediate and try to reduce the sentence. Of course, all prerequisites are a good attitude and timely repayment, as well as repentance. However, in this case, you still have to pay a fine, and you need to surrender yourself, try not to pursue criminal responsibility, or try to get a suspended sentence. It is suggested to communicate with the bank to pay off the arrears first, then with the procuratorate, hoping that they will withdraw the lawsuit, and then with the court to withdraw the lawsuit. This is ideal, so that you can get away with it and have no criminal record. Because you need to turn yourself in, you must prosecute. I suggest hiring a lawyer as soon as possible to help reduce the sentence. According to the relevant laws and regulations, anyone suspected of one of the following circumstances shall be prosecuted: 1, using a forged credit card, a credit card fraudulently obtained with a fake ID card, an invalid credit card, or using someone else's credit card to engage in credit card fraud activities with an amount of more than 5,000 yuan. The term "fraudulently using another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations: (1) Picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ; (four) other circumstances of fraudulent use of other people's credit cards. 2. Malicious overdraft of RMB 654.38 million. If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected 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 196 of the Criminal Law: (1) knowing that there is no repayment ability and the overdraft amount is too large to be returned; (two) squandering overdraft funds, unable to return; (3) Escaping after overdraft, changing contact information and avoiding bank collection; (4) evading or transferring funds, concealing property or evading repayment; (five) the use of overdraft funds for illegal and criminal activities; (six) other acts of illegal possession of funds and refusal to return them. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. Credit card fraud is wanted and has happened. It is no use regretting. First, you have to pay off all the debts owed by your credit card, and then turn yourself in. You must have a good attitude. I don't think this will be too heavy. However, everyone is equal before the law. Whoever exceeds 5,000 yuan shall be sentenced to fixed-term imprisonment or criminal detention, and shall also be fined. Friends who use credit cards must repay in time.