According to the provisions of the Criminal Law of People's Republic of China (PRC):
Article 196 Credit card fraud
Whoever commits credit card fraud in 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
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Related case: Do men pay their debts with credit cards? Unable to repay, resulting in malicious overdraft suspected of fraud.
Public trust. Com Chongqing August 14 (Sun) The man found a friend to borrow money to run freight, and he kept losing money and was unable to pay his debts. His friend proposed to apply for a credit card to pay off debts, but he was finally unable to repay them, which triggered a malicious overdraft bank alarm. 14, the reporter learned from the police in Yubei District of Chongqing that he had been taken compulsory measures by the police (released on bail pending trial).
In March of this year, He asked his friend Wang to borrow 80,000 yuan to buy a truck to run freight. After that, the freight has been losing money and unable to repay the debt. Wang proposed to let He use the credit card for himself until he took out 80,000 yuan from the credit card to pay off the debt.
According to reports, Wang Gong spent 29,936 yuan from the credit card. After the maturity, he didn't pay back the arrears. The bank repeatedly called the police, and after 3 months, Wang still failed to return the arrears. After repeated collection by the issuing bank, he still failed to return it. Suspected of credit card fraud
After receiving the police, the police immediately summoned him to the police station.
After interrogation, he confessed to the fact that he was suspected of credit card fraud.
After investigation, he borrowed money to buy a truck to run freight, but he has been losing money since buying a car and can't pay his debts. Wang proposed to let He use his ID card to get a credit card, and then give it to Wang until he took out 80,000 yuan from the credit card. Pay off the account.
During the period, the two agreed that he would return the overdraft in the credit card every month during the use of the credit card. In order to understand the urgent need, he agreed to this method at that time.
According to He's account, he found an intermediary company for handling credit cards, asked him to provide false proof of income, and wanted to handle a credit card with a quota of 30,000 yuan. After the agent and He Mou went to the bank to fill out the form, He Mou personally signed it and provided a copy of his ID card. A month later, he got a new credit card.
According to another account, he was used by Wang from the beginning of the card. Because of its inability to repay, Wang failed to repay in time after repeated consumption, and the principal and interest accumulated more and more. After repeated collection by the bank, he finally got annoyed and changed his phone number.
He thought that he had "checked this person" by changing the telephone bank, but he didn't know that the bank had reported the case.
It is reported that he actively cooperated with the case investigation after arriving at the case. At present, he has been released on bail pending trial.
People's Daily Online-Men can't repay their debts with credit cards, resulting in malicious overdraft and suspected fraud.