under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) knowing that there is no repayment ability, a large amount of overdraft cannot be returned;
(2) the overdrawn funds are squandered and cannot be returned;
(3) escaping after overdraft, changing contact information, and evading bank collection;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for illegal and criminal activities;
(6) other illegal possession of funds and refusal to return them.
malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but 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 "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
the amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
in combination with this case, because the information you provided is incomplete, the amount of 12, yuan has reached the standard of investigating the crime of credit card fraud. According to Article 196 of the Criminal Law, if the amount is huge or there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan. I suggest that you check whether you are suspected of committing a crime according to the provisions of the above judicial interpretation, and I also hope that you will try your best to repay the above money as soon as possible to prevent criminal legal risks. Generally speaking, a customer will be considered as having a bad credit record only if it has been overdue for three consecutive times or accumulated for six times. Of course, the regulations of each bank are not consistent, and you are advised to consult the issuing bank for specific credit rules.