1. How long will it take for a credit card to owe 5, yuan? The minimum standard for filing a case of credit card fraud is 1, yuan. If it is less than 1, yuan, it does not constitute a criminal case, but it can be punished for public security management, and civil liability will not be exempted after the punishment. Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for not less than 5 days but not more than 1 days, and a fine of not more than 5 yuan may be imposed; If the circumstances are serious, they shall be detained for more than 1 days and less than 15 days, and may also be fined less than 1, yuan. If the amount of malicious overdraft is more than 1, yuan but less than 1, yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law. Criminal responsibility should be investigated for malicious overdraft. However, if all the overdraft interest has been repaid before the judgment of the people's court is announced after the public security organ files the case, it can be given a lighter punishment, and if the circumstances are minor, it can be exempted from punishment. If the amount of malicious overdraft is large, and all the overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
second, what is the sentencing standard for the crime of credit card fraud? According to Article 196 of the Criminal Law: "Under any of the following circumstances: (1) using a forged credit card or using a credit card fraudulently obtained with a false identity certificate; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. Whoever engages in credit card fraud, if 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 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or confiscated property. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. "Those who engage in credit card fraud activities with a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or his property shall be confiscated: 1. Using a forged credit card or using a credit card fraudulently obtained with false identification; 2. Using an invalid credit card; 3. Fraudulent use of another person's credit card; 4. Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of the Criminal Law. To sum up, the standard for filing credit card fraud is that the amount of malicious overdraft is 1, yuan, which is relatively large in criminal law. If the credit card is less than 1,, the public security organ will not file a case and will not pursue criminal responsibility. In addition to default interest, credit damage and being sued by the bank, the parties may also be punished by public security. Therefore, the credit card parties should repay in time before the repayment date.