When there are two credit cards from the same bank and they do not have the same quota, if you are suspected of credit card fraud, you will be sentenced based on the total overdraft of the two credit cards.
Introduction to the case:
Chen runs a furniture business in Hanyang District, Wuhan City. Chen is usually responsible for running business outside, and his wife is responsible for looking after the store. There are three employees in the sales department. Once, Chen met Ye, a fellow villager, at a dinner party. Chen was very interested in Ye’s futures investment in his spare time, and hoped that Ye would take him to operate it together. Then Chen cashed out the two credit cards he applied for at one time and invested into the futures market. However, due to market problems in the later period, Chen kept buying long but the market trend was opposite. Chen was completely trapped and later quit.
Because Chen’s outstanding credit card principal is already “large”, and the funds on his credit card were not used for consumption, but were cashed out on the POS machine installed by his own company, he has been suspected of violation.
Therefore, Industrial Bank reported the case to the Hanyang District Public Security Bureau of Wuhan City. It also issued the "Industrial Bank Taobao Co-branded Credit Card Application Form", "Industrial Bank Industrial Tong Credit Card Application Form", credit card collection records, and registered mail delivery certificates to the Public Security Bureau, and called the cardholder Chen several times. Evidence of sending text messages, letters and emails to collect debts owed.
After Chen was detained, his family members, relatives and friends raised money together and returned RMB 95,000 to Industrial Bank on his behalf, and obtained the bank's understanding. Industrial Bank Wuhan Branch issued a letter of understanding to him and stated that the repayment had been completed. The Wuhan Intermediate People's Court ruled that Chen was guilty of credit card fraud and was sentenced to one year and six months in prison. Chen was still dissatisfied and filed a complaint with the Hubei Provincial Higher People's Court, which was rejected.