Whether the overdue credit card is a malicious overdraft depends first on whether the overdue amount of the cardholder reaches the standard of large amount, huge amount or especially huge amount, and also on whether the cardholder overdue for the purpose of "illegal possession". If these two conditions are met at the same time, it will be considered as "malicious overdraft".
Criteria for determining overdue amount of credit card:
If the overdue amount of a credit card is more than 6,543,800 yuan and less than 6,543,800 yuan, it belongs to the "large amount" in the criminal law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it belongs to the "huge amount" in the criminal law; The amount of more than 654.38+00,000 yuan belongs to the "extremely huge amount" in the criminal law.
If the overdue amount of the credit card is more than 10000 yuan, and the overdue amount is more than three months, and the bank still fails to repay the loan twice, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. Those who are overdue for more than 6 times and fail to pay back once will be blacklisted by the personal credit information system of the People's Bank of China. The bank will freeze the credit card account of the unpaid person and add the unpaid person to the blacklist. The record of arrears may be fed back to the personal credit information system of the People's Bank of China, which will affect the cardholder's personal credit record and make it impossible for the cardholder to apply for a mortgage loan normally.
For users with overdue credit cards, CBRC gives them the right to apply for personalized installment. Therefore, users can apply to the corresponding bank to repay the current overdue debts in installments. In the case of reduced repayment pressure, subsequent repayment will be easier. It should be noted that if a personalized staging plan is reached, it will not be overdue again.
Legal basis:
Article 195 of the Criminal Law of People's Republic of China (PRC)
Whoever commits fraud by letter of credit under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Using forged or altered letters of credit or accompanying documents and documents;
(2) Using an invalid letter of credit;
(3) defrauding a letter of credit;
(4) fraudulent activities of letters of credit by other means.