Will go to jail.
Article 6 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" stipulates:
The cardholder shall, for the purpose of illegal possession, If the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ?
A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 100,000 yuan If the amount is 10,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. ?
Article 196 of the "Criminal Law of the People's Republic of China" stipulates:
The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of 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 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 forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an expired credit card; (3) ) Pretending to use someone else’s credit card;?(4) Malicious overdraft.
Extended information
Types of malicious credit card overdrafts:
1. Frequent overdrafts. Cardholders repeatedly withdraw cash from credit card branches that are very close to each other at a very high frequency, accumulating a small amount of money and occupying a large amount of cash in the bank in a short period of time.
2. Multi-card overdraft. Cardholders apply to multiple banks and open multiple accounts. The cardholders repay old overdrafts and develop multiple debts, resulting in inability to repay.
3. Overdraft in another place. The communication equipment used by cardholders in my country is still underdeveloped, information on cash withdrawals from other places cannot be summarized in time, and "emergency stop payment notices" are difficult to be delivered in time. Crimes are committed across the country and wanton overdrafts are committed.
4. Collude with each other to overdraft. First, cardholders cross each other and provide chain guarantees, applying for credit cards at different banks for overdrafts. The second is that cardholders and staff of special merchants collude with each other to obtain bank funds through fake purchases and other methods. The third is that cardholders collude with bank employees internally and externally to use credit card overdrafts.
Henan Province Ruzhou City People's Court - Overdue credit card payments lead to jail time
Baidu Encyclopedia - The Supreme People's Court and the Supreme People's Procuratorate issued several issues regarding the specific application of laws in handling criminal cases of obstructing credit card management Explanation
Wen County Public Security Bureau-Criminal Law of the People’s Republic of China