Because he failed to repay his credit card overdraft of 50,000 yuan, he was sentenced to one and a half years in prison. After he was released from prison, he was still unable to repay the money and he would not go to jail again.
1. The debtor has received criminal penalties for overdraft (a malicious overdraft), and repayment is a civil liability.
2. This does not mean that you do not have to repay the debt after being imprisoned. You still have to repay it after being sentenced. The penalty cannot reduce civil liability. The money that should be paid still has to be paid. Even if he is sentenced to death, he will sell off his legacy properties to pay off his lifetime debts.
my country’s criminal law classifies malicious credit card overdraft as a crime of credit card fraud.
1. Malicious overdraft. If the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return it for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a criminal offense. "Malicious overdraft" as stipulated in Article 196.
2. Malicious overdraft means that the cardholder overdrafts for the purpose of illegal possession, or knowingly is unable to repay, and the overdraft amount exceeds the overdraft amount allowed by the credit card, evading investigation, or after receiving two collections from the card-issuing bank. Failure to return within 3 months.
3. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law;
If the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; The “extremely huge amount” stipulated in Article 196.
In other words, when your overdraft amount exceeds 10,000 yuan, it constitutes a crime.
3. Malicious overdrafts should be investigated for criminal liability. However, if all overdrafts and interests have been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the amount of malicious overdraft is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obvious, criminal liability may not be pursued in accordance with the law.
4. Sentencing: Anyone who commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, The offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated.