How long will one be jailed for owing 200,000 yuan on a credit card?
If a person who owes 200,000 yuan on a credit card is a malicious overdraft and the amount is more than 50,000 yuan but less than 500,000 yuan, he shall be deemed to be under the criminal law. If the amount specified in Article 196 is relatively large, the person will be punished with a sentence 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 overdraft is not malicious, the sentence will be based on the specific circumstances of the crime. Malicious overdraft refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return the card for more than three months after being called upon twice.
Legal Basis
Article 8 of the "Decision of the Supreme People's Procuratorate and the Supreme People's Procuratorate on Amending the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards"" malicious overdraft, If the amount is more than 50,000 yuan and less than 500,000 yuan, it shall be deemed as a relatively large amount as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed as a first-rate crime of the Criminal Law. The amount stipulated in Article 196 is huge; if the amount is more than five million yuan, it shall be deemed to be an extremely huge amount stipulated in Article 196 of the Criminal Law.
Ask how to judge if you owe 200,000 to a bank credit card
(China Merchants Bank) If you fail to repay the minimum payment on the bill in time before the due payment date, you will be charged default and interest, and Will affect your personal credit. The liquidated damages will be charged 5% of the unpaid portion of the minimum repayment amount, with a minimum charge of RMB10 yuan or USD1 yuan. Interest will be charged on all consumption in the current period starting from the recording date (usually the next day after consumption), with a daily interest rate of 0.5% until you pay it off in full. In order to avoid affecting your personal credit, it is recommended that you repay your bill on time. If it is not convenient to pay off the bill in full, please pay at least the minimum repayment amount on time.
Article 196 of the "Criminal Law of the People's Republic of China and the People's Republic of China" Whoever engages in credit card activities under one of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined 20,000 yuan A fine of not less than 200,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, a fine of not less than five years but 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, a fine of not less than 50,000 yuan but not more than 500,000 yuan. More than ten years or more, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan, or property confiscated:
(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.
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 the card after being called upon by the card-issuing bank.
Anyone who uses credit cards concurrently shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
I owe more than 200,000 yuan to my credit card, and the legal department said I would be sentenced to 5 years in prison. Is this true?
In modern society, with the rapid development and expansion of the economy, people use cash less and less, and it is becoming more and more common to use mobile phones to pay or swipe cards! Especially today's young people prefer to use credit cards. This is a new consumption payment method. You can overdraw the consumption limit in advance, and then pay it back next month, repeating unlimited... But if you cannot owe a credit card two More than 100,000 yuan, the legal department said that he would be sentenced to 5 years in prison. Is this true? In fact, this has a lot to do with what you use your credit card for!
First, under normal circumstances, people use credit cards due to temporary liquidity problems. For example, legitimate life expenses such as serious business investment or buying a house may cause the credit card to be overdrafted and owe dozens of dollars. The lack of funds and the temporary inability to repay is not a deliberate failure to repay. This phenomenon often happens in life! But this is at best a breach of contract on a loan, which falls within the civil scope and has nothing to do with criminal matters! If the other party's legal counsel tells you that you owe more than 200,000 on a credit card and will be sentenced to five years in prison, this may be just a psychological warfare commonly used by them to collect debts. The purpose is to increase pressure on you and use prison sentences, jail time, etc. to urge you to pay back the money as soon as possible!
Second, if you are able to repay your credit card but refuse to repay it, and the other party takes you to court and you still refuse to perform, the law will not be on your side in this case. You may be sentenced to jail, and you may also face a certain amount of financial fines! So as long as you use your credit card for normal consumption activities and do not intentionally fail to repay it, even if you owe more than 200,000 to the credit card, you will not be sentenced to jail! In addition, the prerequisite for this is that your credit card consumption behavior does not involve any illegal and criminal activities. If it does, it is another matter and you are likely to be subject to relevant legal sanctions!
I owe 200,000 to my credit card. If I don’t go to the bank, will I be fined? Will I go to jail?
1. If the credit card debt exceeds the due date, the bank may fine me. As for whether or not it is necessary or what? The time is decided by the bank at its own discretion; if the amount owed reaches more than 10,000 and is still not returned for more than 3 months after being called upon twice by the card-issuing bank, it will be deemed as a "malicious overdraft" under the criminal law and suspected of credit card crimes, overdue payments, etc. Repayment will be recorded in the personal credit report, but negative information such as late repayment will not be recorded in the personal credit report forever. my country's current credit record retention period is five years. After paying off the balance, anyone can start building their credit history all over again. . If the principal of credit card arrears reaches 200,000 yuan, it is considered a huge amount as stipulated in Article 196 of the "Criminal Law", and a penalty of not less than five years but not more than 10 years shall be imposed, and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; , Legal Basis: Article 196 of the Criminal Law of the People's Republic of China: Credit card crimes. Anyone who commits credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to 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. ; If the amount is huge or there are other serious circumstances, the penalty shall be not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Fines of not less than 50,000 yuan but not more than 500,000 yuan or property confiscation: \(1) Using forged credit cards; \(2) Using invalid credit cards; \(3) Pretending to use other people's credit cards; \(4) Malicious overdrafts. of. \The so-called malicious overdraft referred to 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 the card after being called upon by the card-issuing bank. \"Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and has been called twice by the card-issuing bank If the money is still not returned more than three months later, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
\Any one of the following circumstances shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: \(1) Knowing that one has no ability to repay and overdrafting a large amount, which cannot be returned;\ (2) Wanton squandering of overdraft funds that cannot be returned; (3) Escape, change contact information, and evade bank collection after overdraft; (4) Escape or transfer funds, hide property, and evade repayment; (5) ) Using overdraft funds to carry out illegal and criminal activities; \(6) Other behaviors of illegally possessing funds and refusing to return them. \A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as The "huge amount" stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as the "especially huge amount" stipulated in Article 196 of the Criminal Law. \The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. \Malicious overdrafts should be investigated for criminal liability, but if all the overdrafts and interests have been repaid after the public security organ files the case and before the people's judgment is pronounced, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the amount of malicious overdraft is relatively large, and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued according to law
Seven credit cards in the bank are overdue, with a maximum of 200,000 each. It really doesn’t matter. If he still has the ability, will he go to jail?
There is a "credit card crime" in the criminal law, and the minimum amount required to constitute this crime is 50,000 yuan. The subject has seven credit cards with a maximum limit of NT$200,000 and is unable to repay them. This will be a very difficult problem.
First of all, the card-issuing bank should have collected the money multiple times and negotiated how to repay it. After all these methods for you to repay the money have been exhausted, they can only file a police case and punish you with credit card crimes.
The subject of the question may say that there is no money to pay back anyway, and if the case is filed, there is still no money. What can I do? In reality, this is not entirely the case. First, the card-issuing bank fixes the debt through litigation to avoid the statute of limitations; then it characterizes you as a criminal, so that when the final debt is executed in the future, it can be written in the bad and bad debt file of the card-issuing bank. The causes and consequences of this money; while you are sentenced to jail, any property in your name will also be enforced at the request of the card-issuing bank. Of course, by this point, your credit report has already been completely ruined, and you will still be on the list of bad guys.
What the questioner wants to know most is how long he will be sentenced, right? Take your card with the highest limit of 200,000 yuan as an example. The judge should sentence you to jail for three to five years! Even if you go to jail, you won't be able to get rid of your debts, and you will still have to be collected by the bank after you get out. In addition, if you owe money on seven credit cards in total, any amount reaching 50,000 can constitute a credit card crime. If there is more than one card-issuing bank, and they report the crime to you separately, the prison term will be accumulated, and it will be more than three to five years. Because I owe money to several banks, and the entities are different, the cases cannot be handled together. Therefore, the subject of the question is very tragic!
1. There is no malicious transfer of property to avoid debts. 2. No false information was provided when applying for a credit card. It's just that you don't have to go to jail if you are in debt and have no ability. You see, Xu Jiayin owes so much money and can't pay it back. Isn't it still a good thing?
Wouldn’t it be nice to go to jail? I can’t afford to pay it back anyway, so why not go in and have some peace and quiet
Has a card been used normally from the time it was approved until now?
Is there any malicious overdraft? If the card has just been issued and you don’t pay it back after using it, the possibility is higher. If you are like me and have been using a card normally for more than ten years from the time it was approved until now, I personally feel that even if it is overdue, it will not be judged as a malicious overdraft
But but but but
You still need to handle it with caution and negotiate with the bank as much as possible.
No one wants to take this step after the due date, but if like me, your business failed and you are in debt and have no choice but to take this step, you need to pay attention to it. After all, the amount is not small, and if you don’t handle it well, you will also suffer consequences for yourself. bring some trouble.
Adjust your mentality and increase your income as much as possible while doing your job well.
If the amount of the debt is not large, or if your family members are able to help with part of it, this is the best way. However, you must not borrow an online loan just to make up for the hole. I am an example of a mistake. In order not to overdue, I borrowed online loans to fill the hole. Who would have thought that online loans are the biggest pitfall. If this goes on, it will never be solved, unless you are lucky and a big pie falls from the sky.
Don’t think about whether the consequences are something you can bear. Think about how to avoid unnecessary trouble. Solving the problem is the key. The key to solving the problem is
The best thing to do is to work hard to make money and pay off the debt
Don’t run away from overdue credit cards, but actively negotiate. If the limit is small, pay back a little more often, and if the credit limit is larger, Pay back a little bit every half month. This can show that you are sincere in paying back. Otherwise, the bank will characterize your credit card and you will definitely go to jail. As long as you actively cooperate and pay back a little bit, it shows that you are paying back temporarily. If you don’t pay, it’s not because you are malicious and you won’t go to jail!
Yes,
Maybe or not. well. Don't troll me.
Find a job to survive first, there is really no way to set up a street stall at a low cost. Let’s talk about repayment after we have the ability to survive.
Contact the bank regularly, never lose contact, and explain the situation.
The economy will not go to jail, and banks do not want to become a bad debt that cannot be recovered.
My friend owed China Merchants Bank more than 100,000 yuan. In the end, after he ran out of money, he still had no income and property and could not fulfill the debt. Later, I slowly paid it off bit by bit.
Take the initiative to negotiate and pay back some every month.
You will not go to jail for online loans, it is a civil matter, but if the credit card is from a bank country, it will definitely be a formal crime, and you will definitely go to jail, but the sentence is not certain
Owing a credit card of 200,000 will be Going to jail?
Will I go to jail if I owe 200,000 on my credit card? If the bank decides that you are guilty of malicious overdraft, you may be imprisoned
This is the end of the introduction on whether you will be imprisoned if you owe 200,000 yuan to a credit card and whether you will be imprisoned if you owe tens of thousands of yuan to a credit card. I don’t know if you Did you find the information you needed?