1. You do face the risk of criminal liability. In layman's terms, a malicious overdraft that is not repaid after being called upon is suspected of constituting the crime of credit card fraud.

2. Credit card fraud: Article 196 of the Criminal Law stipulates that anyone who 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. A fine of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. A 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 have his property confiscated:

(1) Using a forged credit card, or using a false identity certificate to fraudulently obtain the money.

(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 shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

3. Use of credit cards for malicious overdrafts

Overdraft means that when a customer who has set up an account with a bank has no funds or insufficient funds in the account, with the approval of the bank, the customer is allowed to use The act of spending money in excess of the funds on its account. An overdraft is essentially a bank lending money to a customer.

The so-called malicious overdraft, according to the second paragraph of Article 196 of the "Criminal Law", means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and has been collected by the card-issuing bank. The act of not returning it.

The essential difference between a well-intentioned overdraft and a malicious overdraft lies in the subjective differences of the perpetrators. Both objectively cause overdrafts, but the perpetrator of the overdraft in good faith has the subjective intention to use it first and pay back the overdraft and interest at that time, while the perpetrator of the malicious overdraft overdrafts in order to keep the overdraft as his own. , do not want to repay or are unable to repay, and resort to absconding to avoid debt.

IV. Case filing standards: According to the "Regulations on the Prosecution Standards for Economic Crime Cases" stipulated by the Supreme People's Procuratorate and the Ministry of Public Security, those who engage in credit card fraud activities and are suspected of one of the following circumstances shall be prosecuted:

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1． Use counterfeit credit cards, use invalid credit cards, or use other people's credit cards to commit fraud. The amount is more than 5,000 yuan;

2. The amount of malicious overdraft is more than 5,000 yuan.

5. How to avoid: If you express your willingness to return it, then the matter is still within the scope of a civil dispute, but the intention needs to be reflected by actual actions, otherwise it is likely to be a civil debt. The dispute turned into a criminal case of credit card fraud.

If you get involved in a criminal lawsuit, you still have to pay back the money even if you go to jail.

6. Regarding interest:

For credit card overdrafts, they should bear the liability for breach of contract, but they should strictly comply with the relevant interest rate standards of the People's Bank of China. The bank will definitely advocate that the terms originally signed by both parties should be used. It is based on a contract, but it is based on the bank's unilateral standard clauses, which often involve high liquidated damages and are generally difficult to obtain support from the court. In fact, regarding interest, this is only a civil dispute, but if you maliciously overdraft, it is very likely that the case that was originally a civil dispute will be converted into a criminal case.

Please note: If the bank has repeatedly demanded payment and you intentionally avoid it, the bank can call the police at any time, which will cause trouble! Especially this kind of money, you simply can't afford it. Leaving a criminal record for a mere 30,000 yuan will have a great impact on your own life, and an even greater impact on your children, who will be affected in your future work.

Personal advice: take it seriously, handle it with caution, and pay back the money as soon as possible. If you can’t pay it back for the time being, you must show your intention to pay it back