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Will an overdue credit card be classified as fraud?

Legal Subjectivity:

Although credit cards can solve everyone's temporary dilemma to a certain extent, if you fail to repay the credit card overdue, you may be included in the credit blacklist and may even be subject to criminal charges. responsibility.

1. How long does it take for an overdue credit card to be judged as a criminal case

According to the law: "Malicious overdraft" means that the cardholder exceeds the prescribed limit or prescribed period for the purpose of illegal possession. Overdraft refers to the act of not repaying the card for more than three months after two effective collections by the card-issuing bank.

If the amount is between 50,000 yuan and less than 500,000 yuan, it shall be deemed as a “large amount”; if the amount is between 500,000 yuan and less than 5 million yuan, it shall be deemed as a “huge amount” "; If the amount is more than five million yuan, it should be deemed as "an extremely large amount."

That is to say, if you owe more than 50,000 yuan on a credit card, and after two effective collections by the card-issuing bank, you still do not return it for more than three months, you may be held criminally responsible according to law.

Legal provisions:

Article 196 (4) of the "Criminal Law of the People's Republic of China" stipulates: "Under one of the following circumstances, credit card fraud will be committed If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 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: (4) ) Malicious overdraft. The term "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 after being called upon by the card-issuing bank. ”

2. What will happen if an overdue credit card is listed on the list of dishonest persons

1. Freeze assets. Not only real estate, but also bank assets, pensions, and properties in virtual accounts are also within the scope of execution and will be frozen. This will directly affect all our online shopping, travel, renting and so on.

2. Life is restricted. You are not allowed to stay in hotels with stars or above; you are not allowed to purchase vehicles that are not necessary for business, etc.

3. Impact on work and family. The Supreme People's Court stipulates that if the parents are old, their children are not allowed to attend high-fee private schools.

4. Prison. The law is objective:

"Criminal Law of the People's Republic of China"

Article 196

Carry out credit card fraud under any of the following circumstances: If the amount involved in any activity is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; to a fixed-term imprisonment of not more than 10 years and a fine of not less than 50,000 yuan but 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 of fixed-term imprisonment or life imprisonment and a fine of not less than 50,000 yuan but not more than 50,000 yuan. A fine of not less than RMB 500,000 but not more than RMB 500,000 or confiscation of property:

(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 another person’s credit card;

(4) Malicious overdraft.