According to the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management:
Eighth malicious overdraft, the amount of more than 50 thousand yuan but less than 500 thousand yuan, should be recognized as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 500,000 yuan but less than 5 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 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Extended data:
According to the criminal law of People's Republic of China (PRC) (China):
Article 196 Credit card fraud
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
If the amount is huge or there are other serious circumstances, he 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.
If the amount is especially huge or there are other especially serious circumstances, he 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 confiscated property.
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate; ?
(2) Using an invalid credit card; ?
(3) Fraudulent use of another person's credit card; ?
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
According to the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management:
Article 9 The amount of malicious overdraft refers to the actual overdraft principal amount that has not been returned when the public security organ files a criminal case, excluding interest, compound interest, late fees, handling fees and other fees charged by the issuing bank. The amount returned or paid shall be regarded as the return of the actual overdraft principal.
When examining and prosecuting, the procuratorial organ shall, according to the transaction details, classified bills (overdraft bills, repayment bills) and other evidential materials provided by the issuing bank.
Examining and determining the amount of malicious overdraft in combination with the excuses, defense opinions and relevant evidence materials put forward by criminal suspects, defendants and their defenders; The amount of malicious overdraft is difficult to determine.
Should be based on judicial accounting, audit reports, combined with other evidence materials for review and identification. In the course of trial, the people's court shall determine the amount of malicious overdraft on the basis of verifying the above-mentioned evidence materials.
The relevant evidential materials provided by the issuing bank shall have the signature of the bank staff and the official seal of the bank.
Article 10 If the amount of malicious overdraft is relatively large, and all of it has been returned before public prosecution is initiated, or there are other minor circumstances, public prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times.
Article 11 The provision of "malicious overdraft" in Article 196 of the Criminal Law does not apply to the card-issuing bank illegally issuing disguised loans by credit card overdraft, and the cardholder fails to return them as required. Those who constitute other crimes shall be punished for other crimes.
Twelfth in violation of state regulations, the use of point-of-sale terminal equipment (POS machines) and other means, by fictitious transactions, false pricing, cash return and other ways to directly pay cash to credit card holders. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.
If the amount of the acts mentioned in the preceding paragraph is more than one million yuan, or the overdue funds of financial institutions are more than 200,000 yuan, or the economic losses of financial institutions are more than 100,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law.
If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
Baidu Encyclopedia-Answers to some questions about the specific application of law in criminal cases that hinder credit card management