If you owe more than 50,000 yuan on your credit card, you will go to jail. Usually, failure to return the money for more than 3 months after two calls from the bank can be considered a crime of credit card fraud, and the suspect must bear criminal liability and accompanying civil repayment liability in accordance with the law. The sentencing for credit card fraud is generally less than 5 years in prison.
What are the constituent elements of the crime of credit card fraud
The constituent elements of the crime of credit card fraud are as follows:
1. The objects of infringement are the credit card management system and the ownership of public and private property ;
2. The objective aspect is that the actor fabricates facts or conceals the truth and uses credit cards to defraud public and private property;
3. The subject is a general subject, and natural persons can become The subject of the crime;
4. The subjective aspect is intentional.
Legal basis: Article 100 of renting and selling 96
The crime of credit card fraud falls under one of the following circumstances. If the amount is relatively large, a five-year fine will be imposed. to fixed-term imprisonment of not less than 10 years and not more than 10 years of fixed-term imprisonment or criminal detention, and to a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is to not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. A fine of 40,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than ten years of fixed-term imprisonment or life imprisonment, and 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 identification;
(2) Using an invalid credit card;
(3) Pretending to use another person’s credit card ;
(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.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
1. How to deal with expired CGB credit cards?
1. If the cardholder can't pay off the debt in one lump sum,