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The difference in sentencing between running away due to credit card debt and surrendering, please give me a professional answer! The amount is about 400,000!

The difference in sentencing between running away due to credit card debt and surrendering:

The sentencing for the same crime under the same applicable terms is a range value; if you owe 400,000 credit cards and are unable to repay, the sentencing is: ten years Above fixed-term 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;

Surrender may result in a lighter sentence; in addition, the sentencing judge has certain discretion to decide according to the case. Under specific circumstances, discretion shall be made within the scope permitted by law.

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

Whoever commits credit card fraud in any of the following circumstances and the amount is 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. A fine of not more than 10,000 yuan;

If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:< /p>

(1) Using a counterfeit credit card;?

(2) Using an invalid credit card;

(3) Using someone else’s credit card fraudulently;

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(4) Malicious overdraft.

In addition, if the amount of debt owed is too much, the cardholder may wish to explain the situation to the bank, have a correct attitude, and repay the loan in installments. He or she can also borrow part of it from relatives and friends to repay it first, and then pay back the rest gradually. , are all solutions. Don’t procrastinate again and again, hoping that procrastination will solve this problem. Regardless of whether it is minimum repayment or installment repayment, although there are handling fees and interest, at least it will not have an impact on your credit score. If you continue to default on repayment, it will be a matter of time before you are blacklisted by the bank!

Extended information:

First of all, non-payment after a credit card overdraft is a breach of contract. The bank can require the cardholder to repay the principal as well as overdue interest, late payment fees, and over-limit fees. etc.; if the bank sues in court and wins, the cardholder will also have to bear the litigation costs.

Secondly, if the cardholder maliciously overdrafts to a certain amount for the purpose of illegal possession and fails to repay the amount overdue, this constitutes the crime of credit card fraud and he will also bear criminal liability.

Finally, non-repayment after the due date will leave a bad credit record for the cardholder, which will affect the smooth progress of the cardholder's future loans and other activities.

If there is an unpaid balance on a credit card, the first thing you should do is to pay off the outstanding bill. If the bank reminds the cardholder multiple times but has not repaid, it will constitute a crime of fraud. At this time, Not only is it a matter of paying back the money, but you will also bear criminal liability.

Baidu Encyclopedia - Criminal Law of the People's Republic of China and the People's Republic of China