Doesn't overdue credit card constitute a crime?
In our daily life, we believe that our friends will take commercial loans. Generally speaking, I have no money to spend this month, but my salary hasn't arrived yet. So at this time, many young people open one or two credit cards to solve their urgent needs. Therefore, it is very understandable why the major loan apps are all over the place now, which seems to be free of money, but there are also many loopholes that ordinary people say they have not found. Today, we will talk about what will happen if you open a credit card but haven't paid it back yet. After reading the following contents, I believe that most people who are in dire straits will realize it. Does overdue credit card still constitute a crime? First of all, how much is overdue credit card repayment? This time, the protagonist of our story is Xiao Zhou. His credit card is overdue for only one week. He was actually listed in the bank's bad credit record. Xiao Zhou was suddenly shocked when he checked with the bank. The bank staff told Xiao Zhou that this overdue record of Xiao Zhou would be kept by the bank for five years, and Xiao Zhou really wanted to cry. I specially opened the Internet to inquire about the revised China Bank Card Industry Self-discipline Convention, which has corresponding provisions. Generally, banks will delay for 3 days at most, and if the repayment difference is within 1 yuan, then no penalty interest will be charged. The bank's stipulation of delaying repayment shows the concession of modern banks from the side, because in the past, if our credit card repayment was one or two days late, or only a fraction was missing, we might encounter the bank's full penalty interest, resulting in overdue personal repayment. According to the Convention of the People's Republic of China, banks will provide a fixed and tolerant time limit for credit card holders to repay their loans, and they will notify them at least three days before the due repayment date. There are also many forms of notification, such as SMS and email, to remind them of repayment, and there will be a certain repayment reminder, and banks will provide at least three days overdue repayment period. That is to say, within 3 days after the repayment date stipulated by the bank has passed, if the cardholder pays back the money, the bank should regard this situation as full repayment in the same period, and may not charge the cardholder a penalty interest. Note: 3 days refers to natural days, not just working days. Generally speaking, if our credit card payment is overdue, won't it constitute a crime? In fact, there are two very necessary requirements for the establishment of the crime of fraud in which the bank considers the cardholder's credit card overdue payment. The first one is that the cardholder fails to repay after being urged by the issuing bank twice; The second is that the corresponding amount of money has not been returned for more than three months. According to the relevant provisions of Article 196 of the current Criminal Law, it is stipulated that the following four situations belong to credit card fraud: First, fake and shoddy credit cards are used to defraud the amount to a certain extent, or some people use fake ID cards to defraud the bank's credit cards; Second, the use of invalid credit cards for commercial activities; Third, it can also be a crime to use another person's credit card as an impostor to conduct business without others' conscious knowledge. Fourth, the cardholder has overdrawn the credit card when he knows the credit card limit, which can be regarded as a crime once it is verified.