(1) For the purpose of illegal possession, cardholders frequently use credit cards in different places, and the amount of each withdrawal is within the limit set by the bank, which eventually leads to a large amount of overdraft and absconding with the money.
(2) When the cardholder applies for a credit card, he practices fraud, forges his identity card, seals privately, forges a letter of guarantee, etc. Cheat the trust of the issuing bank, and then make malicious payment after receiving and holding the credit card.
(three) the cardholder through false consumption, etc. Withdraw money from the bank.
Consequences of malicious arrears: If the amount of malicious arrears does not exceed the amount stipulated by law or the prescribed time limit, it is generally not a crime to contact the bank holder. In other words, it is a question of not paying back the money. The bank can go to court to sue, and then the court will order the cardholder to pay back the money and enforce your other personal property according to law.
However, if the cardholder intentionally evades the debt, fails to pay it back within the time limit or after being collected by the bank, and loses contact with the bank, the bank may determine that the cardholder has maliciously overdrawn, and will report it to the Public Security Bureau for investigation and punishment, and execute it according to the criminal law.
Article 196 of China's criminal law stipulates that under any of the following circumstances, whoever defrauds a large amount of credit cards shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph 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.