The arrears of 17, yuan can already constitute the crime of fraud, and it is punishable by fixed-term imprisonment of not more than five years or criminal detention.
According to the Criminal Law of the People's Republic of China:
Article 196 Crime of credit card fraud
Whoever commits credit card fraud in any of the following circumstances, with a relatively large amount, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan;
if the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated.
(1) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) using an invalid credit card; ?
(3) fraudulent use of another person's credit card; ?
(4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Extended information:
Related case: Does a man get a credit card to pay off debts? Unable to repay, resulting in malicious overdraft suspected of fraud
Zhongxin. com, Chongqing, August 14 (Sun Hanmin) A man found a friend to borrow money to run freight, and he continued to lose money and was unable to repay his debts. His friend proposed to apply for a credit card to pay off his debts, and eventually his inability to repay caused a malicious overdraft bank alarm. On the 14th, the reporter learned from the police in Yubei District of Chongqing that He had been taken compulsory measures by the police (bail pending trial).
In March this year, He asked his friend Wang to borrow 8, yuan to buy a truck to run the freight. After that, the freight has been losing money and unable to repay the debt. Wang then offered to let He use a credit card for himself until he took out 8, yuan from the credit card to pay off the debt.
It is reported that Wang spent 29,936 yuan overdrawn from the credit card, but He never returned the debt after it expired. The bank repeatedly urged the police to report that Wang did not return the debt after three months, and he still did not return it after repeated reminders from the issuing bank, which was suspected of credit card fraud.
After receiving the police, the police immediately summoned He to the police station.
After interrogation, He confessed to the fact that he was suspected of credit card fraud.
after investigation, he borrowed money to buy a truck to run freight, but he has been losing money since he bought the car, so he can't pay his debts. Wang proposed that he should use his ID card to get a credit card, and then give it to Wang until he took out 8, yuan from the credit card to pay off the account.
during the period, they agreed that during the use of the credit card, He Mou would return the overdrawn money in the credit card every month. In order to solve the urgent need, He agreed to this method at that time.
according to he mou, he found an intermediary company to handle credit cards and asked him to provide a false income certificate, and wanted to handle a credit card with a limit of 3, yuan. After the agent and He Mou went to the bank to fill out the form, He Mou personally signed it and provided a copy of his ID card. A month later, He got a new credit card.
According to another account, He was always used by Wang after he got the card. Because He was unable to repay, He did not repay in time after Wang spent many times, and the principal and interest accumulated more and more. After repeated collection by the bank, He was finally annoyed, so he changed his phone number.
He thought that if he changed the telephone bank, he would "find no such person", but he did not know that the bank had reported the case.
It is reported that He actively cooperated with the case investigation after he arrived. At present, He has been released on bail pending trial.
People's Daily Online-A man's inability to repay his debts with a credit card caused a malicious overdraft and was suspected of fraud.