Credit card malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and refuses to return it for more than 3 months after being urged twice by the issuing bank.
Malicious overdraft of credit card may violate legal liability. Malicious overdraft of credit cards, the amount of which is more than 50,000 yuan but less than 500,000 yuan, will be considered as a "large amount" of malicious overdraft credit cards stipulated in the Criminal Law. According to Article 196 of China's Criminal Law, a person who maliciously overdraws a credit card with a large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
The content of this article comes from: China Law Publishing House "The All-knowing Series of Common Sense of Legal Life".
What is malicious overdraft?
If the amount owed by the credit card is more than 50,000 yuan, and it is still overdue for more than 3 months after being collected twice by the issuing bank, it should be considered as "malicious overdraft", which constitutes a credit card crime.
Legal analysis
Identification of malicious overdraft: (1) Overdrawing beyond the prescribed limit, that is, exceeding the overdraft limit stipulated in the credit card articles of association or allowed by the issuing bank. (2) Overdrawing beyond the prescribed time limit means that the principal and interest are not returned within the prescribed time. Generally speaking, malicious overdraft of credit cards will leave a bad credit record in the issuing bank, which will affect the personal credit of cardholders. 2. Determination of the amount of malicious overdraft: The amount of "malicious overdraft" refers to the amount that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Those who use credit cards should also be convicted and punished in accordance with relevant regulations.
legal ground
Article 196 of the Criminal Law of People's Republic of China (PRC), who engages in credit card activities under any of the following circumstances, if 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 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
How to identify malicious overdraft of credit card
For the purpose of illegal possession, the act of overdrawing beyond the prescribed limit or term and not returning it after being collected by the issuing bank belongs to malicious overdraft. According to the provisions of Items 4 and 2 of Paragraph 1 of Article 196 of the Criminal Law, those who maliciously overdraw and engage in credit card activities with a relatively large amount 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 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Article 196 of Article 68 of the Criminal Law of People's Republic of China (PRC) is under any of the following circumstances. Whoever engages in credit card activities with a relatively large amount 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 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "
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