Credit card overdrafts are based on the good credit of the cardholder. Therefore, overdrafts are limited to legal cardholders. If an illegal cardholder uses the credit card for overdraft, it cannot be
Credit card overdrafts are based on the good credit of the cardholder. Therefore, overdrafts are limited to legal cardholders. If an illegal cardholder uses the credit card for overdraft, it cannot be regarded as a credit card overdraft. Overdrafts can be divided into good-faith overdrafts and malicious overdrafts. Bona fide overdrafts can be divided into perfectly legal bona fide overdrafts and improper overdrafts. A completely legal and bona fide overdraft refers to the cardholder's behavior in fully complying with the credit card terms and card issuance agreements, exercising the overdraft right within the agreed or stipulated amount and period, and returning the credit as scheduled. Improper overdraft refers to the cardholder's violation of the credit card articles and card issuance agreement, overdraft exceeding the agreed or stipulated limit and period, but the card-issuing bank returns it in a timely manner or automatically after being called upon by the card-issuing bank. The same thing between a completely legal bona fide overdraft and an improper overdraft is that the perpetrator has no illegal purpose of possession. The limit lies in whether the credit card regulations and card issuance agreements are complied with. Improper overdraft is essentially a breach of contract and should bear corresponding civil liability. Malicious overdrafts can be divided into general illegal malicious overdrafts and criminal malicious overdrafts. Generally illegal malicious overdraft refers to the behavior of the perpetrator who deliberately violates the credit card terms and agreements for the purpose of illegal possession and fails to repay the credit card after the due date, but the amount of fraud is relatively small. Generally illegal malicious overdrafts are administrative violations and should bear corresponding administrative and civil liabilities. Since they are less harmful to society, they do not constitute a crime. Criminal malicious overdraft refers to the behavior of the cardholder who overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and refuses to return the card after being called by the card-issuing bank. According to the type of behavior, criminal malicious overdrafts can be divided into criminal malicious overdrafts exceeding the limit and criminal malicious overdrafts exceeding the time limit. The similarity between general illegal malicious overdraft and criminal malicious overdraft is that the perpetrators have the purpose of illegal possession. The difference lies in whether the level of crime has been reached. In practice, the standard is whether the amount according to judicial interpretation has been reached. There are not only quantitative differences between the two, but also qualitative divisions. Credit card fraud has several forms stipulated by law, including the use of counterfeit credit cards and the use of expired credit cards. The crime of credit card fraud not only infringes on citizens’ property ownership, but also violates the financial order of society, so do not underestimate the crime of credit card fraud. the harm caused.