1. What happens if an unpaid credit card overdraft constitutes a crime of fraud?

An unpaid credit card overdraft does not constitute a crime of fraud. The amount of a malicious credit card overdraft is larger than the amount of unpaid credit card overdraft. If the crime is serious, it constitutes the crime of credit card fraud, and is generally 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. If the circumstances are serious, the person shall be severely punished.

"Criminal Law"

Article 196: Whoever commits the crime of credit card fraud under any of the following circumstances and conducts credit card fraud activities and the amount is relatively large 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; if the amount is huge or there are other serious circumstances, the person 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 if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten 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:

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

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The so-called 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 it even after being called upon by the card-issuing bank.

2. What is the difference between the crime of credit card fraud and the crime of fraud?

1. The definitions of the two are different.

The crime of fraud refers to the act of defrauding public or private property of a relatively large amount by fabricating facts or concealing the truth for the purpose of illegal possession. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount by fabricating facts or concealing the truth.

2. The two methods of use are different.

The crime of fraud is not limited to the method used to commit fraud. Credit card fraud is the use of credit cards to commit fraud.

3. What are the criteria for identifying malicious overdrafts on credit cards?

(1) Overdrafting a large amount of money while knowing that one has no ability to repay and cannot repay;

( 2) Using false credit certificates to apply for a credit card and then overdrafting, which cannot be returned;

(3) After overdrafting, evading bank collection by hiding, changing contact information, etc.;

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

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

(6) Other illegal possession of funds, refuse to repay repayments;

Non-return situation.

The crime of fraud and the crime of credit card fraud have different forms of expression, and there is no competing legal relationship between the two. The crime of credit card fraud has specific forms of expression, such as malicious overdraft. This may constitute credit card fraud. If the cardholder repays the credit card debt in time after receiving the bank collection message, he will not be held criminally responsible.