If a credit card debt of 400,000 yuan is not returned after three or more calls from the card issuer, it constitutes a crime of credit card fraud, and the amount is huge. According to the law, a person may be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years. A fine of not less than 50,000 yuan but not more than 500,000 yuan is imposed.
Article 196 of the "Criminal Law": 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 shall also be fined not less than 20,000 yuan and not less than 20,000 yuan. A fine of not more than 100,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. A person 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 have his property confiscated:
(1) Using a forged credit card, or using a false identity certificate to fraudulently obtain it Credit card;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
Article 6 of "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards":
The cardholder exceeds the prescribed limit or overdraws within the prescribed period for the purpose of illegal possession. , and if the card is still not returned more than 3 months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.