It doesn’t count!

The judgment of malicious overdraft is not only based on the overdue period, but also involves subjective attitude and bank behavior. According to relevant judicial interpretations, the amount of malicious overdraft refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank. In terms of the conditions for constituting a crime, there are two restrictions on malicious overdrafts: two collections from the credit card issuing bank, and second, failure to repay the overdraft amount for more than three months. If the cardholder fails to receive a notification from the bank and fails to repay the card overdue, it is not considered a malicious overdraft.

Because malicious overdraft is an intentional crime in the crime of credit card fraud, it has the subjective purpose of illegal possession. To put it simply, behaviors such as not repaying a large overdraft despite knowing that it cannot be repaid, hiding the overdraft, changing contact information, and evading bank collection are all manifestations of illegal possession.

In terms of amount, if the amount is more than 10,000 yuan and less than 100,000 yuan, it is considered to be a large amount; if the amount is more than 100,000 yuan but less than 1 million yuan, it is considered to be a huge amount; if the amount is more than 100,000 yuan, it is considered a huge amount; If the amount exceeds 10,000 yuan, it is considered to be an extremely huge amount.

In addition, it should be noted that before the court has made a decision or the public security organ has not filed a case, if the cardholder repays the overdraft interest, according to the criminal policy of balancing leniency with severity, he may be dealt with lightly or not be held accountable. criminal responsibility.