I owe 30,000 yuan to China Merchants Bank’s credit card and I haven’t paid back a penny in three months. Will I be arrested and imprisoned?

1. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing the Management of Credit Cards", calling the bank's failure to repay two collections in March a malicious overdraft.

1. First, in the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.

2. Second, 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 behavior.

3. Third, 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, etc. charged by the issuing bank. Fees charged.

4. Fourth, according to the criminal policy of balancing leniency with severity, if the overdraft interest is repaid before the court has made a judgment or the public security organ has not filed a case, it will be treated lightly or criminal responsibility will not be pursued. This is both in accordance with the law and Investigate those frauds involving "malicious overdrafts", while at the same time giving full play to the warning and educational role of the law and minimizing the scope of criminal attacks.

2. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

1. Article 266 of the Criminal Law Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

2. Article 196 of the Criminal Law stipulates: Malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as "a relatively large amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and 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 a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6. I owe China Merchants Bank a credit card of 5,300 and haven't paid it back for 4 months. If I am sued, will I be jailed?

Hello, the overdraft principal is less than 10,000 yuan, and I will not owe it for 40 years. jail. The starting point for a malicious overdraft is 10,000 yuan, overdue for three months or more, and failure to repay after two or more collections. Will I be caught if I owe 20,000 yuan to my credit card for three months?

For credit card fraud, if the bank sues and the court accepts and decides, you may go to jail. Please accept the answer if you are satisfied! Will you still be arrested and jailed if your credit card is overdue for RMB 5,000 for three months?

No

Only credit cards with a principal overdraft of RMB 10,000 or more are malicious overdrafts

It is possible to be jailed for credit card fraud

Your amount is not enough

At most, you will be subject to civil litigation or collection by a debt collection agency

I will not go to jail. I owe China Merchants Bank I haven’t paid back the 38,000 in credit cards. If I’m sued, will I be arrested and put in jail?

It is possible.

1. The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impeding the Management of Credit Cards", calling the bank's failure to repay two collections in March a malicious overdraft.

1. In the judicial interpretation, two restrictions were added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months.

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 behavior.

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 card-issuing bank. .

4. According to the criminal policy of balancing leniency with severity, those who repay the overdraft interest before the court has made a judgment or the public security organ has not filed a case will be treated lightly or not be held criminally responsible. In this way, those " The fraudulent behavior of "malicious overdraft" also plays the warning and educational role of the law, minimizing the criminal attack area as much as possible.

2. According to Article 196 of the Criminal Law of the People's Republic of China, "malicious overdraft" is a criminal act of credit card fraud.

1. Article 266 of the Criminal Law Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

2. Article 196 of the Criminal Law stipulates: Malicious overdraft with an amount of more than 10,000 yuan but less than 100,000 yuan shall be deemed as "a relatively large amount" as stipulated in Article 196 of the Criminal Law. If the amount is more than 100,000 yuan and 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 a "huge amount" as stipulated in Article 196 of the Criminal Law; The “amount is particularly huge” as stipulated in Article 6.

Will I be caught if I owe 5,000 on my credit card for three months?

If it is a China Merchants Bank credit card, if the minimum payment of the bill is not paid in time before the due payment date, I will be fined. Late fees and interest are charged and can affect personal credit. The late payment fee is 5% of the unpaid portion of the minimum repayment amount, with a minimum charge of RMB10 yuan or USD1 yuan. Interest will be charged on all consumption in the current period starting from the recording date (usually the second day after consumption), with a daily interest rate of 0.05% until all is paid off. In order to avoid affecting personal credit, it is recommended to repay the bill on time. If it is not convenient to pay off the bill in full, please pay off at least the minimum repayment amount on time. Article 196 of the "Criminal Law of the People's Republic of China": Whoever commits credit card fraud in any of the following circumstances and 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 less than 200,000 yuan. A fine of not more than RMB 50,000; 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 a fine of not less than RMB 50,000 but not more than RMB 500,000; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identity certificates; (2) Using an invalid credit card Credit card; (3) Pretending to use other people’s credit cards; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. If I owe RMB 40,000 on my China Merchants Bank credit card and repay RMB 2,000 per month overdue for three months, will I be sued?

If the minimum repayment amount is not met, our bank reserves the right to sue.

If it is a China Merchants Bank credit card, if the minimum payment of the bill is not paid in time before the payment due date, late payment fees and interest will be charged, and personal credit will be affected. The late payment fee is 5% of the unpaid portion of the minimum repayment amount, with a minimum charge of RMB10 yuan or USD1 yuan. Interest will be charged on all consumption in the current period starting from the recording date (usually the second day after consumption), with a daily interest rate of 0.05% until all is paid off.

In order to avoid affecting personal credit, it is recommended to repay the bill on time. If it is not convenient to pay off the bill in full, please pay off at least the minimum repayment amount on time. Will I be caught if I owe 4,968 yuan on my Huaxia credit card for three months?

A credit card overdraft of more than 5,000 yuan constitutes credit card fraud. It is a criminal case and requires criminal liability. If the principal is 4,968 yuan, it does not constitute credit card fraud, but the bank It is also possible to sue and settle civil liability for repayment.

The consequences of an overdue credit card are:

1. The bank credit card banking center will charge late fees and interest:

1. The late fee is based on the unpaid portion of the minimum repayment amount Calculated at 5%, the minimum charge is RMB 10 yuan or 1 US dollar

2. At the same time, the bank will also charge an interest of 50,000 per day on the entire bill.

2. Impact on credit:

1. Overdue within one month is considered overdue. As long as it is overdue, even once, it will be more difficult to increase the credit limit;

2. If you are overdue 3 times in a row or 6 times in total, you will have a bad credit record, and it will be difficult to get a loan or apply for a credit card in the future;

3. If you are overdue for more than a certain amount and time, the bank will freeze the credit card. Will I still be caught if I owe 20,000 yuan to my China Merchants Bank credit card for three months in 2015?

Hello! If it is a China Merchants Bank credit card, if you have any consumption, please repay it on time and in full. First of all, overdue payment will generate a bad credit record, which will affect your personal credit and future credit business, such as loans; secondly, overdue repayment will generate interest and late fees; finally, failure to repay for a long time may violate criminal laws. (The following information is for reference) If you do not repay your credit card debt for a long time, you may violate criminal laws. Malicious overdraft refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and still refuses to return the card after being called upon by the card-issuing bank. The criminal law for malicious overdrafts stipulates: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Whoever commits credit card fraud in any of the following circumstances and 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 sentenced to two A fine of not less than 10,000 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. If you still have questions, we recommend that you use the credit card intelligent service platform to solve credit card problems anytime and anywhere. Click here to view details >>:.cmbchina./Common/Default.aspx?pageid=zxkf1 My friend owes 10,000 yuan on his credit card. It has been two months. Will he be arrested?

Credit Card If you owe more than RMB 10,000 and are overdue for more than three months or have not repaid after two bank calls, it is a crime of credit card fraud. The bank will report the case instead of prosecuting.

After reporting the crime, the police will investigate and collect evidence and arrest the person. After one month, they will file a public prosecution and then impose a sentence.