1. How to determine a malicious overdraft on a credit card?

1. Malicious overdraft includes six situations:

(1) Knowingly not doing so A large amount of overdraft due to lack of ability to repay the loan, which cannot be returned;

(2) Wanton squandering of overdraft funds, which cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

2. The conditions for "malicious overdraft" to constitute a crime are also clearly defined: the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and after two collections by the card-issuing bank, If the money is not returned after more than three months, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

3. There are two substantive conditions for constituting a "malicious overdraft". First, it must be reminded twice by the issuing bank, and second, it must not be returned after more than three months, both of which must be met at the same time.

2. How to punish malicious overdraft of credit cards

1. Malicious overdraft of credit cards will violate the crime of credit card fraud and be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and to a fine of not less than 20,000 yuan and more than 200,000 yuan. A fine of not more than RMB 50,000; 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 a fine of not less than RMB 50,000 but not more than RMB 500,000; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. or life imprisonment, and shall also be sentenced to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.

The so-called serious circumstances refer to a huge amount of fraud or other serious circumstances. The amount here is huge. According to relevant judicial interpretations, it refers to fraud of more than 50,000 yuan. As for other serious circumstances, it mainly refers to those who use advanced technical means to forge and then use them; the ringleader of a criminal group that uses credit cards to commit fraud; those who use credit cards multiple times to commit fraud and refuse to change; those who have caused huge losses to other people's public and private property due to their fraudulent behavior losses; behaviors that cause adverse effects due to their actions, etc.

The so-called "particularly serious circumstances" refer to particularly huge amounts of fraud and other particularly serious circumstances. The starting point for a particularly large amount is 500,000 yuan according to relevant judicial interpretations. As for other particularly serious circumstances, it mainly refers to those who use credit cards to commit fraud crimes as a regular business; those who are repeat offenders, habitual offenders or multiple offenders; those who have multiple serious circumstances; those who have caused particularly serious economic losses to others due to their fraudulent activities or other particularly serious consequences; using defrauded property to commit other serious criminal offenses, causing particularly bad consequences due to their actions, etc.

2. If a malicious overdraft credit card case is filed with the public security organ and all the overdraft interest has been repaid before the judgment of the People's Court is pronounced, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be waived. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

3. What circumstances constitute the crime of credit card fraud

According to the relevant provisions of Article 196 of the current Criminal Law, the following four circumstances constitute the crime of credit card fraud:

1 , using forged credit cards, or using credit cards fraudulently obtained with false identification;

2. Using invalid credit cards;

3. Pretending to use other people’s credit cards;

4. Malicious overdraft.

Credit cards require consumption first and repayment later, so some people may take advantage of this rule to maliciously overdraw their credit limit. If they spend more money, the court will impose a harsher sentence. Everyone needs to consume rationally and reasonably to avoid excessive overdrafts and inability to repay, which will eventually lead to oneself not being able to pay back the money, seriously affecting one's life, or even being sentenced.