It is a malicious overdraft behavior and may lead to imprisonment.
The "Interpretation of Several Legal Issues Concerning Criminal Cases Obstructing the Management of Credit Cards" has corresponding provisions:
Article 6 The cardholder exceeds the prescribed limit or exceeds the prescribed limit for the purpose of illegal possession or If an overdraft is made within a specified period and is still not returned for more than three months after two effective collections by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
For the purpose of illegal possession, the cardholder’s credit record, repayment ability and willingness, the status of applying for and overdrafting the credit card, the purpose of the overdraft funds, the performance after the overdraft, and failure to comply with regulations should be considered. The reasons for repayment and other circumstances shall be judged.
Extended information:?
Relevant legal provisions of "Interpretation of Several Legal Issues Concerning Criminal Cases Obstructing Credit Card Management":?
Article 8 Malicious Overdraft, Amount If the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed as a "relative amount" as stipulated in Article 196 of the Criminal Law;
It should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than five million yuan, it should be determined as a "special amount" as stipulated in Article 196 of the Criminal Law. huge".
Article 9 The amount of malicious overdraft refers to the actual overdraft principal amount that has not been repaid when the public security organ files a criminal case, excluding interest, late payment fees, handling fees and other fees charged by the card-issuing bank. The amount returned or paid shall be deemed as the return of the actual overdraft principal.
Baidu Encyclopedia - "Interpretation of Several Legal Issues Concerning Criminal Cases Obstructing Credit Card Management"