Credit card fraud exists in our country. This type of credit card fraud is mainly an illegal fraud carried out for the purpose of possession. Of course, if the crime of credit card fraud has entered the litigation process, then you need to hire a lawyer to represent you, so many people want to know about it. What are the provisions for defense statements for credit card fraud of RMB 200,000? 1. What are the provisions for defense statements for credit card fraud of RMB 200,000? Whether the party’s overdraft behavior has the purpose of illegal possession. If there is no evidence to prove that the party has the purpose of illegal possession, it should not be deemed as a crime of credit card fraud. . The purpose of examining whether the party has illegal possession can be examined from the following aspects: 1. Examine the credit record of the cardholder and the reasons for the inability to repay. The cardholder has continued repayment behavior for a considerable period of time and has good credit, but due to unemployment, sudden major illness or other force majeure, the short-term economic situation has seriously deteriorated, the cardholder is unable to repay, and has not continued to overdraft, and can provide proof If there are reasonable clues to the economic situation at that time, it should not be determined as the purpose of illegal possession, and a not guilty plea should be provided. 2. Examine the reasons why the cardholder failed to repay the loan in time. If there is evidence that the cardholder has reasonable objections to the amount or method of repayment, has no intention of refusing to repay the amount, maintains normal and smooth contact with the card-issuing bank, and actively communicates with the card-issuing bank to seek solutions, It should not be considered as illegal possession and a plea of ??not guilty should be made. 3. Review whether the overdraft was caused by the registered cardholder and his behavior after being overdrafted. If the registered cardholder lends the credit card to others and agrees with the user that the user will repay the credit card debt, and the registered cardholder has fulfilled its obligation to notify the user of the bank's collection situation in a timely manner, it shall not be deemed as illegal possession. A plea of ??not guilty should be made. Exceptions are made where the registered cardholder conspires with the user or knows that the user has the purpose of illegal possession; 4. Examine other circumstances of the cardholder to prove that the cardholder does not have the purpose of illegal possession. 2. Review the collection situation of the card-issuing bank. Review whether the two collections are effective collections and whether the interval between the two collections is more than one month. The prerequisite for effective collection is that the cardholder violates the credit card contract, exceeds the prescribed limit, or fails to repay the debt after using the credit card overdraft within the prescribed period. The cardholder has not violated the minimum repayment agreement reached with the credit card management agency, and the repayment has reached the minimum repayment amount, or it is presumed that the minimum repayment amount has been repaid; and after the cardholder's repayment is overdue, the card issuer has not raised any objection and recognized it. If the cardholder's repayment behavior is inconsistent with the credit card contract, the cardholder will not be deemed to have violated the credit card contract. The bank's collection behavior does not constitute effective collection in the sense of criminal composition. Examine the amount of malicious overdraft. If the amount of malicious overdraft does not reach more than 10,000 yuan, a not guilty plea should be provided. The amount of malicious overdraft refers to the amount of principal that the cardholder refuses to repay or that has not yet been repaid more than three months after being called upon twice by the card-issuing bank. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. If the card-issuing bank repays part of the arrears before the cardholder files a case with the public security organ three months after two collections, the repaid amount will not be included in the criminal amount of malicious overdraft. That is, the amount of malicious overdraft = the actual consumption (including cash withdrawal amount) of the credit card involved before the public security organ filed the case - the actual repayment amount. For overdrafts in the form of installment payments, the undue overdraft amount at the time of the crime is generally not included in the criminal amount of malicious overdraft. However, when the cardholder applies for installment payment, the card-issuing bank has fully fulfilled its obligation to remind the cardholder. When the cardholder is overdue or has other conditions, the bank has the right to terminate the installment contract and collect the entire balance. Overdraft of principal determines the amount of the crime.