Legal subjectivity:
1. If the payment is temporary and can be repaid later, it will only accrue interest and late fees. 2. However, if the principal is overdrafted by more than RMB 10,000 and the bank still fails to repay the loan after being called by the bank, you may be subject to criminal sanctions. The legal basis is as follows: According to the "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" (Fa Interpretation [2009] No. 19): Article 6 The cardholder shall, for the purpose of illegal possession, exceed If an overdraft is made within a prescribed limit or within a specified period and is not repaid for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late payment fees, handling fees, etc. charged by the issuing bank. 2. Article 196 of the "Criminal Law" Whoever commits credit card fraud activities in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; 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 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 serious circumstances If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than ten 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: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The law is objective:
Article 26468 of the Criminal Law of the People's Republic of China and the People's Republic of China: Theft of public or private property, the amount is relatively large, or multiple thefts, housebreakings, thefts with weapons, Anyone who pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if 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 10 years, and shall also be fined; if the amount is particularly huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; In particularly serious cases, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. Article 19668 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in any of the following circumstances 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 and not less than 20,000 yuan. A fine of not more than 100,000 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 a fine of 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, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years. A prison sentence of not less than ten years or life imprisonment and 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 identity certificates; (2) Using Capped credit cards; (3) fraudulently using other people’s credit cards; (4) malicious overdrafts. 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”