If you owe someone RMB 300,000 and fail to pay it back, as long as it is not fraud, it is generally a civil dispute and you will not go to jail.
If the person is suspected of fraud, defrauding public or private property, the amount is huge, or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined. Credit card fraud of 300,000 yuan falls under the "huge amount" criterion for the crime of credit card fraud. The sentencing according to law is: if the amount is huge or there are other serious circumstances, the person 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 50,000 yuan but not more than 500,000 yuan. the following fines.
The elements that constitute credit card fraud are as follows:
1. Object elements: The object violated by this crime is a complex object, which affects both the country’s relevant financial note management system and, specifically, the state’s relevant financial document management system. It is the credit card management system that causes damage, and it also causes damage to the public and private property ownership of banks and credit card related parties.
2. Objective elements: This crime is objectively manifested in the use of forged or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defrauding public and private property, and committing large amounts of money.
3. Subject requirements: The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible.
4. Subjective elements: This crime can only be subjectively constituted intentionally, and must have the purpose of illegally possessing public and private property. If the perpetrator does not intend to commit fraud, even if he obtains property in violation of relevant credit card management regulations, he cannot be punished as a crime. If you use a credit card without knowing it is a forgery or invalid, make an overdraft in good faith, misuse another person's credit card, etc., you will not be punished as a crime.
To sum up, if you owe someone RMB 300,000 and fail to repay it, as long as it is not fraud, it is generally a civil dispute and you will not go to jail. If suspected of fraud, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China
The crime of credit card fraud involves one of the following circumstances: Whoever 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 10 years. , and shall also be fined 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 sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an invalid credit card;
< p>(3) Pretending to use other people’s credit cards;(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.