According to Article 196 of the Criminal Law, the crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft.
Whoever commits credit card fraud in 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Case:
A boss was arrested on suspicion of credit card fraud and overdraft.
In order to expand the scale of the company, Qu set up a credit card in the name of the company, with a maximum overdraft limit of 500,000 yuan. In the following 10 months, the overdraft was nearly 500,000 yuan. After paying back150,000 yuan, it still owes nearly 400,000 yuan (plus interest). Unable to repay, he chose to flee and wandered around the country. Finally, Qu was captured.
The public security department said that in recent years, there have been more and more cases like Qu Mou who overdraw at will and cannot repay after overdraft. If the cardholder overdraws more than the principal of 654.38 yuan +00000 yuan, and is repeatedly collected by the bank's collection staff during the use of the credit card, and refuses to repay the bank debt for more than 3 months, it can be considered as malicious overdraft and suspected of credit card fraud.
For overdrafts with a large overdraft amount, those who refuse to return them will be punished for credit card fraud and fined more than twice. If the credit card debt exceeds the principal of 6,543.8 yuan+0,000 yuan, according to the provisions of the Criminal Law, it will be deemed as the crime of credit card fraud, and the initial fine will be 6,543.8 yuan+0,000 yuan.
People's Network _ Easy to use credit cards. Is a malicious overdraft exceeding 10000 a fraud? Baidu Encyclopedia _ Credit Card Collection