According to Article 196th of the Criminal Law, there are any of the following circumstances.
1, using forged credit cards, or using credit cards fraudulently obtained with false identification.
2. Use an invalid credit card.
3. Fraudulent use of other people's credit cards.
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. ?
The penalties are as follows:
(a) credit card fraud, 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.
(2) 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.
(3) 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 his property shall be confiscated.
Extended data
Consequences of overdue:
Bear a high penalty interest
After the credit card defaults, the liquidated damages usually involved are the revolving interest fee and the late payment fee. The essence of revolving credit is a small, unsecured loan with daily interest. If the repayment is not made in full on the last repayment date, revolving credit interest will be generated on the next statement, and the interest needs to be calculated from the date when the consumption is recorded.
Except for ICBC, the other 12 banks still carry out full penalty interest. Full penalty interest means that even if the customer repays the part, the repayment part is not deducted when calculating the penalty interest, and the interest expense is usually calculated at the daily interest rate of five ten thousandths.
In addition, some banks stipulate that interest shall be calculated at five ten thousandths within 15 days from the bookkeeping date, ten thousandths after 15 days, and fifteen thousandths after 30 days or when the overdraft amount exceeds the specified limit. The longer the default time, the higher the penalty interest.
For example, suppose Miss Li's billing date is 10 every month, and the last repayment date is 28th. On June 1 1 day, she spent 1000 yuan. On July 28th, Miss Li was short of money and paid the minimum repayment amount 1000 yuan first.
Then the recurring interest expense on the bill on August 10 is: 10000 yuan ×0.5 ‰× (July 28th to June11)+(10000 yuan ~10000).
If the cardholder fails to pay off the minimum repayment amount, in addition to the circulating interest charges, there will be a late payment fee, which is calculated at 5% of the unpaid part of the minimum repayment amount. If Miss Li only pays 500 yuan back, the late payment fee is (1000 yuan ~500 yuan) ×5%=25 yuan. In this case, the circulation interest expense will rise to 296.75 yuan, and Miss Li's total penalty interest this month is 3,265,438 yuan +0.75 yuan.
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