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 196th of the Criminal Law:
(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;
(two) squandering overdraft funds, unable to return;
(3) Escaping after overdraft, changing contact information and avoiding bank collection;
(4) evading or transferring funds, concealing property or evading repayment;
(five) the use of overdraft funds for illegal and criminal activities;
(six) other acts of illegal possession of funds and refusal to return them.
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.
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.
Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case and before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all 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.
But in practice, it is unlikely that you will be sentenced to jail, because 10,000 yuan is not much now, and the law enforcement power is limited, and the bad debt rate of credit cards is relatively high. Moreover, from the bank's point of view, sentencing is not conducive to the recovery of arrears, so it is normal to recover arrears through reasonable means, but this does not mean that you can ignore it, because it will cause irreparable losses to personal credit information, and if the bank sues, you can also be sentenced to jail, so you can't try the law yourself.
1, the minimum monthly repayment amount, to reduce the repayment pressure and gain time to make money for repayment.
2. Long-term installment through the bill, and the repayment will be allocated to each month, which will match your repayment ability and achieve the purpose of repayment. For example, 24 issues cost more than 500 yuan per month. Although the interest has been paid, it can still be paid back slowly.
3. Negotiate repayment with the bank, and let the bank card center make a repayment plan that suits its actual situation.