Hello, it is understood that according to regulations, malicious overdrafts with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 100,000 yuan and less than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law. "The amount is extremely large". The amount of malicious overdraft only includes the amount that the cardholder refuses to return or the amount that has not yet been returned. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Excessive consumption leads to overdrafts and overdue payments, which can easily lead to unexpected losses.

1. A minimum late payment fee of 5% must be paid. And there will be full penalty and interest until you repay the entire loan. Banks generally calculate the principal and interest on a monthly basis, with a daily interest rate of 0.5%.

2. If there is a malicious overdraft, it will affect your credit score. Not only will it be difficult to apply for a mortgage or car loan in the future, but if you are blacklisted due to malicious overdraft, travel will be hindered, including flights, High-speed trains may be refused carriage.

3. Before the debt is paid off, the bank will continue to collect money, and the bank card will be canceled after the debt is paid off.

According to the provisions of Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

The conditions for "malicious overdraft" to constitute a crime are clearly stipulated:

First, in the judicial interpretation, two restrictions are added to "malicious overdraft": First, Two collections from the issuing bank; second, the card was not returned for more than three months. This excludes the act of not returning the debt on time because the bank has not received a reminder notice or other reminder document. If the cardholder has not received the relevant notice or document and has not returned it after a certain period, it does not fall into the category. "Malicious overdraft".

Second, because the credit card fraud crime of "malicious overdraft" is an intentional crime, it has the subjective purpose of illegal possession, which is a very important component of the behavior. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime.

This judicial interpretation of "illegal possession for the purpose" lists six situations based on judicial practice in recent years, such as failure to return a large amount of overdrafts knowing that they cannot be repaid; wanton squandering of overdrafts and failure to return them. ; Concealing and changing communication methods after overdraft to evade payment collection by financial institutions, etc. These situations are all manifestations of "illegal possession for the purpose".

Third, this judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. cost.

Fourth, according to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

Article 266 of the Criminal Law 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 there are other serious circumstances , shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or have property confiscated.