Generally, in disputes arising from private lending, the debtor will not be held criminally responsible as long as he has not violated criminal law. However, in some special circumstances, debtors will not be held liable for imprisonment.

1. Refusal to execute the court's judgment

The debtor borrowed money and refused to repay it, and the creditor sued the court. After the court's judgment, the debtor still turned a deaf ear and refused to repay the money. At this time, the creditor can sue the court again and apply for compulsory execution. If the debtor has the ability to execute but refuses to execute, he may be sentenced to fixed-term imprisonment of up to three years, criminal detention, or a fine depending on the seriousness of the case.

But the premise is that during the execution period, the creditor needs to provide the court with strong evidence that the person subject to execution has property and does not repay the money.

2. Malicious credit card overdrafts

The credit card holder overdrafts in excess of the prescribed limit or within the prescribed period for the purpose of illegal possession, and the card-issuing bank continues to overdraft for more than 3 months after two collections. Failure to return the money shall be deemed as "malicious overdraft".

If the cardholder's malicious overdraft limit exceeds 10,000 yuan, it will be deemed as a "large amount". Once the bank files a lawsuit with the court, he will be sentenced to fixed-term imprisonment of not more than five years, criminal detention, or a fine.

3. Borrowing money without repaying fraud

"Borrowing money without repaying" fraud refers to the deception method in which the perpetrator fabricates facts or conceals the truth for the purpose of illegal possession. , a method of defrauding public and private property through loans. For example: a borrower uses the trust of others to defraud others of their money on the grounds of financial difficulties. This kind of fraud in the name of lending should be classified as a crime of fraud.

In daily life, this type of fraud is more common among relatives, friends and colleagues. The borrower mainly takes advantage of the trust or sympathy of the other party, fabricates relevant facts, and then borrows money. His original intention is to borrow money. If you don’t intend to pay it back, this situation can be called “loan fraud”.

If the amount involved in loan-based fraud is relatively large, the person will be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or a fine; if the amount is huge, the person will be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and also fined.

Extended information:

Five circumstances for the crime of refusing to execute a judgment:

1. The person subject to execution (Lao Lai) hides, transfers, or intentionally damages property or Transferring property at an obviously unreasonable low price, rendering judgments and rulings unenforceable;

2. Situations where the guarantor or the person subject to execution hides, transfers, or intentionally damages property, rendering judgments or rulings unenforceable ;

3. The person with the obligation to assist in execution refuses to assist in execution after receiving the notice from the people's court to assist in execution, resulting in the judgment or ruling being unable to be executed;

4. The person subject to execution, The guarantor conspires with state agency staff and uses the power of state agency staff to hinder execution, resulting in judgments and rulings that cannot be executed;

5. Others who have the ability to execute but refuse to execute, and the circumstances are serious If the situation or circumstances are serious;

you will face fixed-term imprisonment of not more than three years, short-term detention or a fine.