Legal analysis: whoever uses forged credit cards, uses credit cards fraudulently obtained with false identities, uses invalid credit cards, or fraudulently uses other people's credit cards to carry out credit card++activities, and the amount is more than 5,000 yuan but less than 50,000 yuan, shall be sentenced to++or less than five years of criminal detention, and shall also be fined more than 20,000 yuan but less than 200,000 yuan.
A ringleader of a criminal group whose amount is more than 50,000 yuan but less than 500,000 yuan uses a credit card as++after forging by advanced technical means, uses a credit card as++for many times and refuses to change it. If his++behavior causes huge losses to others' public or private property, or has a bad influence, 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 yuan.
If the amount is more than 500,000 yuan, it is a common business to commit++crimes by credit card, which belongs to recidivism, recidivism or recidivism. If there are serious circumstances for many times, if++behavior causes particularly serious economic losses or other serious consequences to others, and if++property is used to commit other serious criminal crimes, or if the behavior causes particularly bad effects, it shall be fined more than++or++for more than 10 years and fined more than 50,000 yuan.
For credit card++with malicious overdraft, the starting point of prosecution is higher than other categories, which is 1 1,000 yuan. Moreover, if the amount is more than 1 10,000 yuan and the amount is less than110,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who engages in credit card++activities in any of the following circumstances, with a relatively large amount, 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Give several examples of imprisonment for credit card arrears.
If the bank's debt is not paid off, it can be solved according to the following methods according to different situations: 1. If it is temporarily unable to repay, it shall negotiate with the bank to extend the repayment period or return it in installments. 2. The bank won the case from++to++If you fail to perform the++judgment within the performance period, you can apply for++enforcement. 3.++ When accepting enforcement, we will inquire about the real estate, vehicles, securities and deposits under your name according to law. 4. In addition, there is no executable property in your name and you refuse to perform the effective judgment of++,so your personal credit report will have negative information records such as overdue payment, which will be restricted to high consumption and entry and exit, and may even be judicial custody. Article 3 13 of the criminal law. A person who refuses to execute a judgment or ruling and has the ability to execute a judgment or ruling. If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not more than three years++,criminal detention or a fine.
How to judge credit card++?
Article 196 of the Criminal Law stipulates that the crime of credit card++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, he 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; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years++or++,and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated. Whoever uses a credit card shall be convicted and punished in accordance with the provisions of Article 264 of the Criminal Law.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of credit card++. If the amount of credit card++activities is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years++or++,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 false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft.
What are the 20 18 credit card jail cases?
20 18 credit card prison case
More and more people use credit cards, and it is more and more common that overdue debts appear after using credit cards. Some people even go to jail for improper use of credit cards. Everyone often sees the news that credit cards are in jail. This is really not to scare everyone. Here are some real cases of 20 18 credit card imprisonment.
1. Li, a credit card user, used a credit card to overdraw 50,000 yuan, failed to repay the arrears according to the credit card regulations, and only paid 200 yuan every month. The bank filed a public prosecution against Li, a credit card user, with the Procuratorate of Ninghua County, Fujian Province. ++thinks that Li has the purpose of illegal possession, and his behavior has constituted the crime of credit card++. Therefore, Li was sentenced to eight months' imprisonment++suspended for one year for the crime of credit card++and fined 20,000 yuan.
2. Credit card user Shen Moumou stole a friend's credit card, cashed it out at ATM, cashed it out at POS, and was++given to the people of Tongzhou District, Nantong City. Because Shen Moumou fraudulently used other people's credit cards and involved a large amount, it has constituted the crime of credit card++. Therefore,++sentenced Shen to a fine for the crime of credit card++,and Shen will face three years++probation for four years and a fine of 30,000 yuan.
Will the overdue credit card be++by the bank?
Credit cards are widely used in life. Good use of credit cards will bring convenience to everyone's life, but bad use will bring many adverse consequences to cardholders. According to the regulations, if the credit card is overdue for more than three months, the credit card user may be++handled by the bank. Generally speaking, as long as the amount of credit card arrears is not large, banks will not easily++overdue users. There is also a process for bank++credit card users. Usually, after the deadline, the bank will collect the money from the user. If the overdue bank fails to repay the loan after two times, and the overdue is more than three months, then the bank can++credit card users. As long as the debt reaches more than 5,000 yuan and has not been repaid after being urged by the bank, it can be considered as a malicious overdraft by the cardholder, and overdue credit card users may go to jail, so everyone must have a good credit card.
Are there any cases where credit cards are not returned to prison?
Credit card is not a malicious overdraft, and it is suspected of credit card++crime.
The so-called malicious overdraft, according to the second paragraph of Article 196 of the Criminal Law, refers to the behavior of credit card holders who overdraw beyond the prescribed limit or refuse to return it after being urged by the issuing bank within the prescribed time limit for the purpose of illegal possession.
According to 1996 the Supreme People's Court's Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of++Cases, a large amount of personal++refers to more than 5,000 yuan. Therefore, a malicious overdraft of more than 5,000 yuan on a credit card constitutes a crime.
Case: Xicheng District, Beijing++tried a case of credit card overdraft not paying back the money, and the cardholder Wang failed to pay back the overdraft consumption within the time limit, which constituted the crime of credit card++,and Wang was sentenced to ++6 months probation 1 year in the first instance.
In August 2006, Wang, a 22-year-old Beijinger, applied for a credit card at the bank. In the following two months, Wang spent many times in Beijing Electrical Appliance City with a credit card, and the accumulated overdraft was 5 100 yuan. Wang suddenly lost his job when he was preparing to repay the loan. "At that time, I just felt that it didn't matter if the credit card was overdrawn. When I have a job and money, I will pay it back. " Wang said in the trial. It is with this mentality that Wang ignored the bank's repeated reminders. In desperation, the bank reported the case to the police. The police arrested Wang on suspicion of credit card++and sentenced him to ++6 months probation 1 year.
How to judge the crime of credit card++?
Under any of the following circumstances, those who engage in credit card++activities with a relatively large amount 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years++or++,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 false identification; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. ++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law. The use of forged credit cards, credit cards fraudulently obtained with false identification, invalid credit cards or fraudulent use of other people's credit cards for credit card++activities, with an amount of more than 5,000 yuan but less than 50,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is huge; If the amount is more than 500,000 yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is extremely huge. The term "fraudulently using another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations: (1) picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (three) stealing, buying, defrauding or other illegal means to obtain other people's credit card information and use it through the Internet, communication terminals, etc. ; (four) other circumstances of fraudulent use of other people's credit cards.
legal ground
Criminal law of the people's Republic of China
Article 196 Whoever engages in credit card++activities in any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than++or++10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
++credit cards used together shall be convicted and punished in accordance with the provisions of Article 264 of this Law. "
This concludes the introduction of credit card sentencing cases and credit card sentencing cases. I wonder if you have found the information you need?