Cardholders need to make consumer repayment under the relevant rules and regulations of credit cards, so that they are bound and supervised by relevant laws, and at the same time establish personal credit files with personal credit big data.
General arrears disputes will not bear criminal responsibility. Why is overdraft credit card sentenced? One of the crimes involved here is the crime of credit card fraud, that is, malicious overdraft of credit cards for credit card fraud activities, with a large amount of behavior. Malicious overdraft is an act that overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and is not returned after being collected by the issuing bank. Therefore, it is a crime for a credit card to overdraw beyond a certain limit and not pay it back within a specified time, even after being collected by a bank.
Article 196 of the Criminal Law stipulates that those who maliciously overdraw credit cards and engage in credit card fraud activities, 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. From this point of view, it constitutes the crime of credit card fraud, and the amount of overdraft credit card must at least reach "a large amount".
The amount of malicious overdraft is relatively large. According to 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, the amount should be between 654.38 million yuan and 654.38 million yuan. Therefore, the malicious overdraft of credit card is more than 6,543,800 yuan, and criminal responsibility can be investigated after the deadline.
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