2. An individual who, for the purpose of illegal possession, or knowing that he is unable to repay, uses a credit card to maliciously overdraw, defrauds property of more than 5,000 yuan, evades tracing, or fails to return it after being urged by a bank for more than three months, shall be investigated for criminal responsibility for fraud. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit.
Three, the perpetrator malicious overdraft constitutes a crime, after the incident to the people's Procuratorate before the prosecution has returned all the overdraft interest, can be given a lighter or mitigated punishment or be exempted from criminal responsibility.
Four, the implementation of the above criminal acts of bank staff, should be severely punished according to law.
Malicious overdraft 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.
The Criminal Law of Malicious Overdraft stipulates: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud. In any of the following cases, if the amount is relatively large, it 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.