It belongs to the malicious overdraft of credit card, and the criminal responsibility of the perpetrator of malicious overdraft can be investigated.
Malicious overdraft means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than 3 months after being urged twice by the issuing bank, which shall be deemed as malicious overdraft as stipulated in Article 196 of the Criminal Law.
Overdraft exceeding the prescribed limit, that is, overdraft exceeding the provisions of the credit card articles of association or the permission of the issuing bank; Overdrawing beyond the prescribed time limit means not returning the principal and interest within the prescribed time.
Generally speaking, a malicious overdraft of a credit card will leave a bad credit record in the issuing bank.
Affect the cardholder's personal credit.
According to Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who 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.
Malicious overdraft 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.