Credit card overdraft has two meanings, one is to spend with credit limit, and the other is to spend beyond credit limit. 1. Two kinds of overdraft interest are different, and the specific differences are as follows: when using credit card credit line, there is generally an interest-free repayment period of 25 to 56 days, and the due repayment date is the 25th day after the bill date. If the cardholder fails to repay in full before the due repayment date (inclusive), he will not enjoy the interest-free repayment period. The repaid interest is calculated from the overdraft trading day to the repayment date, and the unpaid interest continues to be calculated from the overdraft trading day. Overdraft interest is compounded monthly. In addition to overdraft interest, you should also pay a late fee of 5% for the unpaid part of the minimum repayment amount. There is no interest-free period for credit card overdraft. Interest is calculated from the date when the overdraft is recorded, and the daily interest rate is 0.05%, and the handling fee is 5% of the overdraft limit.
1 Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 A cardholder who overdraws for the purpose of illegal possession or fails to return it within the prescribed time limit after being repeatedly urged by the issuing bank for more than three months belongs to the holder of "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
2. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) Knowing that it is unable to repay the large overdraft; (two) squandering the overdraft funds that cannot be returned; (3) Concealing or changing contact information after overdraft to avoid bank collection; (4) evading, transferring funds, concealing property or evading repayment; (5) using overdraft funds for illegal and criminal activities; (six) other acts of illegally occupying funds and refusing to return them.
3. Malicious overdraft 10000 yuan, 100000 yuan, which belongs to the "large amount" stipulated in Article 196 of the Criminal Law; 654.38+ 10,000 yuan and 654.38+10,000 yuan belong to the "huge amount" stipulated in Article 196 of the Criminal Law; 1 10,000 yuan or more belongs to the "huge amount" stipulated in Article 196 of the Criminal Law.
4. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or fails to return under the conditions specified in the first paragraph of this article, excluding the compound interest, late fees, handling fees and other fees charged by the issuing bank.
5, malicious overdraft, shall be investigated for criminal responsibility according to law. However, if the overdraft interest has been fully repaid after the public security organ files a case and before the people's court makes a judgment, it may be given a lighter punishment. If the circumstances are minor, punishment may be exempted. If the amount of malicious overdraft is large, and the overdraft interest has been paid off before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.