Do I have to pay back the money after I go to jail for credit card fraud? After being sentenced, it is still necessary to pay back, and punishment cannot reduce civil liability. You still have to pay back the money you should pay back. Even if he is sentenced to death, he will sell his inheritance to pay his debts. 1. Relevant laws: According to 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 Laws in Handling Criminal Cases of Impairment of Credit Card Management, if a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than 3 months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. 2. Malicious overdraft: Specifically, it refers to the behavior that the cardholder, for the purpose of illegal possession, knows that he is unable to repay, the overdraft amount greatly exceeds the amount allowed by the credit card, evades tracing, or refuses to return it within 3 months after receiving two reminders from the issuing bank. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. 3. Sentencing: whoever commits credit card fraud in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property. The constitution of the crime of credit card fraud (I) Object Elements The object of this crime is a complex object, which not only infringes on the relevant national financial ticket management system, specifically the credit card management system, but also damages the public and private property ownership of banks and credit card related parties. The target of the crime is the credit card. The so-called credit card refers to the credit certificate issued by credit card companies (including various card issuers) to cardholders for purchasing goods, obtaining services or withdrawing cash on the condition of their credit. With this voucher, the cardholder can consume and receive services in designated places, such as shopping in shopping malls and shops, and enjoying services in hotels, restaurants and entertainment places without paying cash. Later, the designated consumption place of the credit card usually asked the credit card merchant to hand over the money to the issuing bank, and then the issuing bank deducted the relevant consumption expenses from the cardholder's deposit and withdrawal. At the same time, cardholders can also deposit and withdraw cash at the business outlets designated by the card issuer. Credit cards can only be used by oneself, and cannot be transferred, lent, pawned or mortgaged. Credit card, as far as its content is concerned, should generally include: (1) On the front of the card, the design of the credit card company, the company name and the name of the credit card should be printed, and there should be a special credit card logo or anti-counterfeiting secret; (2) Punch the code of the credit card company, credit card number, cardholder's name, expiration date, etc. on the card with raised characters, so that these contents can be copied on the signature book with a card press when using; The cardholder's signature has been reserved on the back of the credit card and compared with the font on the signature sheet. Generally, it is also printed with a simple statement of the card issuing company, such as the scope of restrictions, payment currency, etc. (3) Set a magnetic tape on the back to record the cardholder's relevant information and password for the computer terminal or ATM to identify the authenticity. (II) Objective Elements This crime is objectively manifested in the use of forged or altered credit cards, or fraudulent use of other people's credit cards, or malicious overdraft of credit cards, thus defrauding a large amount of public and private property. Its specific behavior is: 1, using forged credit cards for fraud. The so-called use includes various services such as purchasing goods with credit cards, withdrawing cash from banks or ATMs, and accepting credit card payment and settlement. The "forged credit card" here refers to the forged credit card stipulated in Article l77 of this Law, that is, the credit card manufactured by various illegal means. For forged credit cards, some counterfeiters use them for fraudulent activities, and some counterfeiters sell or give them to others for fraudulent activities. For users, whether they use it for themselves or others, it is a case of "using forged credit cards". Using forged credit cards, whether shopping or accepting various paid services, is essentially a fraud. 2. Use an invalid credit card for fraud. The so-called invalid credit card refers to the use of credit cards that have expired for legal reasons. According to the relevant regulations, there are mainly the following types of invalid credit cards: (1) Credit cards automatically expire after their effective use period. According to the types of issuing banks and credit cards, the validity period of credit cards is also different, with a term of one year, two years, three years or longer. For those who do not continue to use the credit card or need to continue to use it after the effective period, the expired credit card should be returned to the issuing bank or company. (2) The credit card holder stops using the card in the middle of the validity period. At this point, although the validity period of the credit card has not yet arrived, it will be invalid after going through the formalities of returning the card. (3) The credit card is invalid due to loss reporting. 3. Fraudulent use of other people's credit cards. The so-called fraudulent use of other people's credit cards refers to the behavior of non-cardholders using cardholders' credit cards to defraud property in the name of cardholders. If you use the credit card you found; Without the consent of the cardholder, use the credit card kept by the cardholder for consumption, etc. 4. The credit card is maliciously overdrawn. Credit card overdraft means that the cardholder can still use the credit card for consumption with the approval of the bank when the funds in the credit card account of the issuing bank are insufficient or no longer available. Credit card overdraft is essentially the consumer credit provided by the bank to the cardholder, that is, when the funds are insufficient, the cardholder is allowed to spend first, and then the cardholder makes up the funds and pays certain interest according to the regulations. In China, the issuing bank generally stipulates that cardholders are allowed to make short-term goodwill overdrafts within a certain limit. In practice, some criminals take advantage of the feature that bank credit cards can be overdrawn, and for the purpose of illegal possession, they still refuse to return the overdraft after being collected by the issuing bank or abscond to hide their identity after a large overdraft, so as to avoid the repayment responsibility. This kind of behavior is called fraud crime of malicious overdraft by credit card. This crime must be a large amount of credit card fraud. "Large amount" is the main boundary of credit card fraud. For a small amount of credit card fraud, administrative liability and civil liability can be investigated. (III) Subject Elements The subject of this crime is a general subject, which can be composed of any natural person who has reached the age of criminal responsibility and has criminal responsibility ability. (IV) Subjective Elements Subjectively, this crime can only be constituted intentionally, and it must have the purpose of illegally possessing public or private property. If the perpetrator has no intention of fraud, even if he has obtained property in violation of the relevant regulations on credit card management, he cannot be punished as a crime. If you don't know that it is a forged or invalid credit card, you can use it, overdraw in good faith, and use someone else's credit card fraudulently. And can't be punished as a crime. To sum up, credit card fraud is an illegal act. If you commit the crime of credit card fraud, law enforcement officers will punish you according to the amount of fraud, but after taking legal responsibility, you still have to bear the responsibility of paying back the money. So be sure to pay back the money on time after opening a credit card. Overdue or refusal to return it will also have a great impact on your personal credit information.