Credit cards can be used for overdraft. If the price of the goods the cardholder wants to consume exceeds the existing credit limit, then the overdraft can be used to a certain extent, but the overdraft limit cannot be used. Excessive, and the purpose of overdraft consumption must be reasonable and legal. If there is a malicious overdraft on the credit card, it may be judged as fraud. Today, the editor will introduce to you the circumstances under which a credit card will be judged as a malicious overdraft? Is it illegal to maliciously overdraw a credit card?

A malicious overdraft on a credit card refers to the cardholder’s behavior of intentionally using an amount that exceeds his/her credit limit or cannot repay, and continues to overdraft knowing that he is unable to repay. In this case, the cardholder deliberately deceived the bank to obtain improper benefits and caused serious economic losses. Therefore, malicious overdraft on a credit card can be considered an illegal act. According to Article 284 of the Criminal Law of the People's Republic of China and the People's Republic of China, it also constitutes a crime of fraud to forge, alter, buy or sell, or steal or rob someone else's valid credit card that is actually used by someone else but did not obtain it legally. When a credit card is maliciously overdrawn, the cardholder makes false purchases by exceeding the authorized limit or being unable to repay. In this case, it is also suspected of illegally obtaining property from the bank by fabricating facts.

In addition, according to Article 286 of the "Criminal Law of the People's Republic of China", if the circumstances are particularly serious or the amount of overdrafts is huge multiple times, the crime of corruption may be constituted. If the cardholder deliberately consumes more than the limit granted to him and knows that he is unable to repay or deliberately avoids the repayment responsibility, it will also involve criminal acts such as corruption and misappropriation of funds.

So, how will the judicial authorities deal with illegal acts such as malicious overdraft of credit cards? Depending on the specific circumstances, generally speaking, the following measures will be taken:

1. Prosecution: The bank can report the case to the public security agency and initiate criminal proceedings, requesting that the cardholder be held criminally responsible.

2. Return of arrears: The bank has the right to require the cardholder to immediately repay the entire overdraft amount, and may freeze the relevant account to ensure the right to claim.

3. Penalties: If the cardholder is found to have maliciously overdrafted his credit card, he will face criminal liability. The specific sentence depends on the seriousness of the crime, and may include criminal detention, fixed-term imprisonment, and other penalties, as well as fines.

The above is the entire content shared by the editor on "Under what circumstances will it be judged as a malicious overdraft of a credit card? Is it illegal to maliciously overdraft a credit card?" I hope it can help everyone.