1. What are the penalties for malicious overdraft credit card crimes?

Punishment regulations for malicious overdraft credit cards generally depend on the amount. If the amount reaches the provisions of the criminal law, According to the punishment for conviction of credit card fraud, if the amount is between 10,000 yuan and less than 100,000 yuan, it is a relatively large amount, and if the amount of malicious overdraft is relatively large, the person 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 less than 200,000 yuan. A fine of less than RMB 10,000. Therefore, for malicious overdraft of credit cards, the specific punishment is generally handled in accordance with the above-mentioned legal provisions, and thus the crime of credit card fraud is punished.

Article 196 of the "Criminal Law of the People's Republic of China" stipulates that the crime of credit card fraud refers to the use of credit cards to conduct fraudulent activities and defraud property for the purpose of illegal possession, in violation of credit card management regulations Large amount of behavior. There are four main types of credit card fraud:

(1) Using counterfeit credit cards. Counterfeiting here refers to illegally manufacturing credit cards that completely imitate the texture, pattern, section, pattern and magnetic stripe password of real credit cards and forging them based on real credit cards. The use here refers to the use by the perpetrator after forging it himself, or it can also be used knowingly that it is a forged credit card by others.

(2) Use an invalidated credit card. The invalidated credit card here refers to an expired and invalidated credit card, a credit card that has been reported as lost and invalid, and a credit card that has been deactivated within the validity period.

(3) Pretending to use other people’s credit cards. The so-called "pretending to use another person's credit card" refers to the non-cardholder's use of the credit card in the name of the cardholder to conduct shopping, consumption, cash withdrawals and other fraudulent activities within the credit card business without the cardholder's consent or authorization.

(4) Malicious overdraft.

Generally illegal malicious overdraft refers to the behavior in which the perpetrator intentionally violates the credit card terms and agreements for the purpose of illegal possession and fails to repay the credit card overdue, but the amount of fraud is relatively small.

2. How to determine a malicious overdraft on a credit card

1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections by the issuing bank; The amount owed has not been paid for more than three months. This excludes the failure to return the payment on time because the bank has not received a reminder notice or other reminder documents. If the cardholder fails to receive relevant notices or documents and fails to return the money within a certain period, it does not constitute a "malicious overdraft".

2. Because the credit card fraud crime of "malicious overdraft" is an intentional crime, it subjectively has the purpose of illegal possession, which is a very important component of the crime. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime.

This judicial interpretation of "illegal possession for the purpose" lists six situations based on judicial practice in recent years, such as failure to return a large amount of overdrafts knowing that they cannot be repaid; wanton squandering of overdrafts and failure to return them. ; Concealing and changing communication methods after overdraft to evade payment collection by financial institutions, etc. These situations are all manifestations of "illegal possession for the purpose".

3. This judicial interpretation clarified the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. .

If a cardholder illegally possesses the property of the card-issuing bank and commits the criminal act of maliciously overdrafting a credit card, when a certain amount is reached, the criminal will be convicted of credit card fraud. When convicting and sentencing, the People's Court also needs to determine the subjective malignancy of the criminal perpetrator and the amount of the crime.