Compared with physical transactions, virtual transactions, such as game accounts, point cards, telephone cards, etc. , you don't need to mail items ~
Malicious overdraft means that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and has not returned it for more than 3 months after being urged twice by the issuing bank, which shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
The Supreme People's Law and the Supreme People's Procuratorate jointly issued a decision. From 20 18, 12, 1, if the amount of malicious overdraft credit card is more than 50,000 yuan but less than 500,000 yuan, it will be considered as a "large amount" of malicious overdraft credit card stipulated in the criminal law.
Types of malicious overdraft:
1. Frequent overdraft: the cardholder repeatedly withdraws cash at the credit card business hall near each other at a very high frequency, and many a mickle makes a mickle, occupying a lot of cash in the bank in a short time.
2. Multi-card overdraft: the cardholder applies to a number of banks and opens a number of accounts, and the cardholder overdraws in order to repay the old, resulting in multiple debts, which leads to inability to repay.
3. Overdraft in different places: Cardholders make use of the current situation that China's communication equipment is underdeveloped, the information of cash withdrawal in different places cannot be summarized in time, and it is difficult to deliver the "Emergency Stop Payment Notice" in time, committing crimes all over the country and overdrawing at will.
4, collusion overdraft:
First, cardholders cross each other, chain guarantee, and apply for credit card overdraft in different banks.
Second, the cardholder colluded with the staff of special merchants to obtain bank funds by means of false consumption.
Third, the cardholder colluded with bank employees inside and outside to use credit card overdraft.
When the collection of malicious overdraft is invalid by the issuing bank, in addition to stopping payment immediately, the guarantor should be contacted as soon as possible to ask him to fulfill the guarantee responsibility when it expires. If the guarantor refuses to perform the guarantee responsibility, it shall take judicial measures to solve it. China's criminal law defines malicious overdraft as a kind of credit card fraud, and its constituent elements are:
1. The cardholder is a legal cardholder. Theft or fraudulent use of another person's credit card constitutes theft or fraudulent use of another person's credit card, but it does not constitute malicious overdraft;
2. Subjectively, the cardholder is direct and intentional, with the purpose of illegally occupying bank funds;
3. The cardholder objectively made a malicious overdraft, which caused economic losses to the issuing bank;
4. The cardholder refuses to return it after being urged by the issuing bank, and the amount is large or it takes a long time to reach the liquidated damages.
For the malicious overdraft behavior that meets the above constitutive requirements, the public security organ may file a case for investigation in accordance with the relevant provisions of China's criminal law and criminal procedure law, and the procuratorial organ may file a criminal lawsuit with the people's court to investigate the criminal responsibility of the malicious overdraft behavior. Those who do not meet the above-mentioned constitutive requirements of criminal acts can be punished according to the relevant provisions of the General Principles of the Civil Law and the Civil Procedure Law of China: when a civil lawsuit is filed, the civil liability for malicious overdraft shall be investigated.