You still have to repay the penalty after being sentenced, and the penalty cannot reduce civil liability. The money that should be paid still needs to be paid back. Even if he is sentenced to death, he will sell off his legacy properties to pay off his lifetime debts.
my country’s criminal law stipulates that malicious overdraft is included in several cases of credit card fraud.
1. Regarding relevant laws: According to Article 6 of my country's "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards": Cardholders take illegal possession as Purpose, if the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
2. Regarding malicious overdraft: Specifically, it refers to the cardholder’s overdraft amount exceeding the allowed overdraft amount of the credit card for the purpose of illegal possession, or knowingly knowing that he is unable to repay, and evades investigation, or he receives the credit card from the card-issuing bank. Failure to return the money within 3 months after two collections. Malicious overdraft, if the amount is 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 but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law.
3. Regarding sentencing: Whoever commits credit card fraud 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; if the amount is huge or there are other serious If the circumstances are serious, 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 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 shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than RMB 10,000 but not more than RMB 500,000 or property confiscation may be imposed.