1. What are the penalties for malicious overdraft credit card crimes?

1. If the amount is more than 10,000 yuan but less than 100,000 yuan, it is considered a "large amount"

Anyone who maliciously overdrafts a large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed;

2. If the amount is between 100,000 yuan and less than 1 million yuan, it is deemed as a "huge amount"

The amount is huge or there is For other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;

3. An amount of more than 1 million yuan is "especially huge"

If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated.

4. Those who repay the overdraft interest before the court has made a ruling or the public security organ has not filed a case will be given a lighter sentence or not be held criminally responsible.

"Criminal Law" Article 196

Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a counterfeit credit card;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The so-called malicious overdraft as mentioned in the preceding paragraph refers to the cardholder’s behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return it even after being called upon by the card-issuing bank.

2. What are the behavioral patterns of malicious overdraft?

1. For the purpose of illegal possession, the cardholder overdrafts beyond the prescribed limit or within the prescribed period, and the overdraft principal amount reaches 10,000 The amount exceeds RMB 10,000 and has not been returned for more than 3 months after being called upon twice by the issuing bank;

2. Overdrafting a large amount of money despite knowing that one has no ability to repay, squandering the overdraft funds wantonly, and evading the bank through various means Any collection may be deemed as a "malicious overdraft";

3. Failure to repay the principal and interest of the overdraft within the prescribed period but continues to overdraft.

If a credit card holder commits the criminal act of maliciously overdrafting a credit card with the subjective purpose of illegally possessing the property of the card-issuing bank, when a certain amount is reached, the criminal will be identified as a credit card holder. For the crime of fraud, when convicting and sentencing the people's court, it also needs to take into account the subjective malignancy of the criminal perpetrator and the amount of the crime.