A malicious overdraft of 400,000 yuan on a credit card is a huge amount. According to the criminal law, he should be sentenced to fixed-term imprisonment of not less than five years but not more than ten years.

The sentencing standards for credit card fraud are as follows:

1. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan;

p>

2. If the amount is huge, 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 particularly huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. Imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property.

The constituent elements of the crime of credit card fraud are as follows:

1. Object elements. The object infringed by this crime is a complex object, which not only infringes the country's credit card management system, but also causes damage to the public and private property ownership of the bank and credit card related persons;

2. Objective elements. Objectively speaking, this crime is manifested in the use of counterfeit or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defraud public or private property, and the amount is relatively large;

3. Subject elements. The subject of this crime is the general subject. The unit can also become the subject of this crime;

4. Subjective elements. This crime can only be subjectively constituted intentionally and must have the purpose of illegally possessing public or private property.

To sum up, the malicious overdraft of 400,000 yuan on a credit card is a huge amount. According to the provisions of the criminal law, he should be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud and 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 10 years. , and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an invalid credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.