Article 6 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management issued by the Supreme People's Court and the Supreme People's Procuratorate in 2009 stipulates that "if a cardholder exceeds the prescribed limit or overdraws within the prescribed time limit for the purpose of illegal possession, it is a malicious overdraft after being repeatedly urged by the issuing bank for more than 3 months". It shall be dealt with in accordance with the crime of malicious overdraft as stipulated in Article 196 of the Criminal Law, and criminal responsibility shall be investigated.
At the same time, it is stipulated that the amount of malicious overdraft is more than 10000 yuan, that is, it meets the standard of "large amount" in Article 196 of the Criminal Law, and criminal responsibility will be investigated for suspected credit card fraud. Anyone who uses a forged credit card, or uses a credit card fraudulently obtained with a false identity certificate or an invalid credit card, or fraudulently uses another person's credit card to engage in credit card fraud activities, with an amount of more than 5,000 yuan, will also be investigated for criminal responsibility for the crime of suspected credit card fraud.
The amount of malicious overdraft of credit card refers to the unpaid amount, excluding the late payment fee and compound interest charged by the issuing bank. Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
1 10,000-1 10,000 yuan is relatively large, and 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.
65438+ ten thousand yuan-1 ten thousand yuan is huge, and it 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 fifty thousand yuan but not more than five hundred thousand yuan.
If the amount of 654.38+0 million yuan is especially huge, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated.