According to the Supreme People's Law and the Supreme People's Procuratorate, the Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management was jointly issued, claiming that the bank's failure to repay the two collections in March was a malicious overdraft.
according to article 196 of the criminal law of the people's Republic of China, "malicious overdraft" is a crime of credit card fraud.
1. article 266 of the criminal law defrauds public or private property in a relatively large amount, and shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 1 years or life imprisonment, and shall also be fined or confiscated.
2. Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 1, yuan but less than 1, yuan, it 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.
Extended information:
Overdue repayment refers to the situation that the final repayment period stipulated by the bank is exceeded and the consumed money is not deposited into the designated account in full and on time.
generally speaking, banks will charge a certain amount of interest for overdue repayment, which is different from bank to bank, and it is generally five ten thousandths of interest. However, the starting date of interest should be calculated from the date of consumption, not from the date after the last repayment date.
It is suggested that if you haven't paid the full amount, you can pay the minimum repayment amount first, which will not affect the credit limit. At the same time, there will be a buffer period, so that the bank can know the capital flow in your account in time and the account will not be frozen!
when the credit card (credit card) holder chooses the minimum repayment method or uses the card exceeding the credit limit approved by the issuing bank, he will no longer enjoy the interest-free repayment period, and shall pay the overdraft interest calculated at the specified interest rate from the bank bookkeeping date.
Reference: Baidu Encyclopedia-Overdue Repayment