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What is the crime of maliciously evading repayment with a credit card?

Legal analysis: First of all, non-repayment after a credit card overdraft is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, over-limit fees, etc.; if the bank files a lawsuit in court And if the lawsuit is won, the cardholder will still have to bear the litigation costs.

Secondly, if the cardholder maliciously overdrafts a certain amount for the purpose of illegal possession and fails to repay the payment overdue, this constitutes the crime of credit card fraud and he will also bear criminal liability.

Finally, non-repayment after the due date will leave a bad credit record for the cardholder, which will affect the smooth progress of the cardholder's future loans and other activities.

Legal basis: "Criminal Law of the People's Republic of China"

Article 195 Whoever commits letter of credit fraud under any of the following circumstances shall be sentenced to five years in prison If the amount is huge or there are other serious circumstances, the sentence shall be 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. ; 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using forged, Forging letters of credit or accompanying documents and documents;

(2) Using invalidated letters of credit;

(3) Fraudulently obtaining letters of credit;

(4) Carrying out letter of credit fraud by other methods.

Article 196: Whoever commits credit card fraud under 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 more than 200,000 yuan. fine; 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, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Imprisonment or no 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 expired 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. 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.