If your credit card is defrauded, you will have to repay it.
As long as it is a credit card payment, no matter where the money is used, it must be repaid before the repayment date after the consumption bill comes out. Otherwise, the credit will be overdue, which will have the following impact on the individual. If you commit a credit card fraud crime, you will still have to repay the money if you are sentenced to jail time. Credit card fraud requires legal responsibility. Sentences and jail time are criminal liabilities, but the debt owed is civil and cannot be exempted.
The crime of fraud is determined as follows:
1. The boundary between the crime of fraud and lending. If the borrower defaults on repayment for some reason for a long time, or fabricates lies or conceals the truth to defraud money, and is unable to repay when due, as long as there is no purpose of illegal possession, no squandering, no default, and no more fraud and deception. , if you really intend to repay, it is still a loan dispute and does not constitute a crime of fraud;
2. The boundary between the crime of fraud and the act of defaulting on payment when shopping on behalf of others. In the name of purchasing goods in short supply on behalf of others, taking the payment without buying anything, misappropriating the payment without authorization, and defaulting on repayment, the real purpose, the relationship between the two parties, the cause of the matter, and the specific identity of the agent should be focused on Behavior, default circumstances, consequences, etc., so as to correctly determine whether there is an intention to illegally possess. If it is clear that you want to buy something on behalf of someone else, but you cannot buy something for some reason and still want to return it to someone else, you cannot be punished with fraud. If, in the name of purchasing agents, you actually commit fraud, defraud a large amount of property, and squander it without intending to return it, and you are unable to return it, you should be punished with the crime of fraud;
3. The crime of fraud and the loss of a fund-raising enterprise The limits of debt avoidance. If it is indeed a business that raises funds to run a business, but due to poor management, losses and debts, and you go out to avoid debts, it is still a property and debt dispute. This is fundamentally different from a fraudster who, in the name of raising funds to run a business, gets the money and runs away to achieve his purpose of illegal possession.
To sum up, if the credit card is defrauded, the victim has to repay the money himself. If a credit card is defrauded, the victim should call the police immediately.
Legal basis:
Article 148 of the "People's Republic of China and Civil Code"
One party uses fraudulent means to cause the other party to violate the For civil legal acts carried out with true intention, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 149
A third party commits a fraudulent act, causing one party to commit a civil legal act against his true intention, and the other party knows or should know about the fraud If the fraud occurs, the party affected by the fraud shall have the right to request the people's court or arbitration institution to revoke it.
Article 150
If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request The people's court or arbitration institution shall revoke it.
Article 192 of the "Criminal Law of the People's Republic of China"
Whoever uses fraudulent methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be punished with a three-year fine If the amount is huge or there are other serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment, and shall also be fined or have property confiscated.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 266
Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge; Or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated. If this law provides otherwise, the provisions shall prevail.