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Will I be jailed if I owe 10,000 yuan on my CCB credit card for three months overdue?

If the bank calls for more than two times and still fails to repay, you will go to jail.

If the cardholder fails to repay the full amount after the due payment date and does not choose the minimum repayment amount, the bank will generally take the following measures:

Call the overdue credit card holders. Make a collection call or send a collection letter.

If you are overdue more than 6 times and fail to repay once, you will be blacklisted by the "Personal Credit Information System" of the People's Bank of China. The bank will freeze the credit card account of the overdue person and add the overdue person to the blacklist.

The debt record may be fed back to the People's Bank of China's personal credit system, affecting the cardholder's personal credit record and causing the cardholder to be unable to apply for a housing mortgage loan normally.

If the overdue amount of the credit card is large (principal of more than 10,000 yuan), overdue for more than three months, and the bank has called for it twice but still has not repaid, it is a malicious overdraft on the credit card, which constitutes the crime of credit card fraud.

If the amount is relatively large, the person will be sentenced to fixed-term imprisonment of not more than 5 years. If the amount is huge, the person will be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the entire amount owed can be paid off in time before judgment, the criminal penalty can be reduced and exempted.

Generally speaking, owing bank loans only falls under the category of ordinary civil disputes (economic disputes) and does not involve the issue of whether it is a crime.

If it meets the provisions of Article 175, Paragraph 3 of the "Criminal Law", "anyone who obtains a bank loan by deceptive means, causing heavy losses to the bank or has other serious circumstances" shall be prosecuted according to the crime of fraudulently obtaining a loan. criminal responsibility.

If the behavior complies with the provisions of Article 193 of the "Criminal Law" that "defrauding bank loans for the purpose of illegal possession, the amount is relatively large" shall be investigated for criminal liability according to the crime of loan fraud.

Extended information:

On November 24, 2015, Huang Moumou applied for a Peony Credit Card at the Panji Branch of the Huainan Branch of the Industrial and Commercial Bank of China Co., Ltd. Since December 2015 Overdraft consumption began on August 2, 2016, and the overdraft principal and interest was 32,113.71 yuan on August 5, 2016. Later, the bank made repeated collection calls through phone calls, text messages, etc., but as of November 18, 2016, Huang Moumou had not repaid the overdraft money.

On March 16, 2017, the People's Court of Panji District, Huainan City, Anhui Province found Huang Moumou guilty of credit card fraud and sentenced him to 1 year and 6 months in prison and a fine of 20,000 yuan in the first instance; Ordered to refund 32,059.5 yuan to the bank.

The court held that the defendant Huang Moumou used a credit card to overdraft 32,059.5 yuan for the purpose of illegal possession and failed to return it for more than three months after more than two collections by the card-issuing bank. This was a malicious overdraft. constitutes the crime of credit card fraud.

The defendant Huang truthfully confessed the facts of the crime after being brought to justice. During the trial, he voluntarily confessed his crime and showed remorse. He was given a lighter punishment in accordance with the law. Defendant Huang Moumou caused property losses to the victim unit and should be compensated. In accordance with the relevant provisions of our country's criminal law, the above judgment was made.

Reference materials: Baidu Encyclopedia - Credit Card People's Daily Online - People who refused to pay back the debt were detained