1. What will be the penalty for overdue credit cards?
1, credit card overdue is a debt default, not a criminal offence, and generally will not be reduced or exempted.
2. However, if the cardholder maliciously overdraws the credit card, and the amount reaches more than 1 000, it may constitute the crime of credit card fraud and may be sentenced.
Second, the situation that constitutes the crime of credit card fraud
1, fraudulent use of forged credit cards, with the accumulated amount exceeding 5,000 yuan, shall be put on file.
(1) The so-called "forged credit card". It refers to a fake credit card that imitates the style, pattern and color of a credit card and is illegally manufactured by printing, painting, photocopying or other methods to pass off as a real credit card.
2 the so-called "use". It refers to the act of using forged credit cards to defraud other people's property for the purpose of illegally possessing other people's property, including using forged credit cards to buy goods, withdraw cash, and accept payment and settlement services using forged credit cards.
2, the use of invalid credit cards for fraud, the cumulative amount of more than 5000 yuan, should be placed on file.
The so-called "invalid credit card" refers to expired credit cards, invalid credit cards, letters of credit declared invalid according to law, and credit cards that the cardholder stops using and returns to the issuing bank within the validity period of the credit card.
3. Fraudulent use of other people's credit cards. If the accumulated amount reaches more than 5,000 yuan, it shall be put on file.
According to China's regulations on credit cards, credit cards can only be used by legitimate cardholders and cannot be lent or transferred. The so-called "fraudulent use" refers to the behavior that the perpetrator illegally uses someone else's credit card as the cardholder to defraud public and private property.
Three, credit card fraud sentenced to several years.
1. Whoever commits the crime of credit card fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan;
2. 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;
3. 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 life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated of property.
4. The so-called serious circumstances refer to the huge amount of fraud or other serious circumstances.
(1) The amount here is huge. According to the provisions of the relevant judicial interpretation, it refers to people who defraud more than 50 thousand yuan.
(2) As for other serious circumstances, it mainly refers to the use of advanced technical means after forgery; The ringleader of a criminal group that uses credit cards for fraud; Repeated use of credit cards for fraud, incorrigible; Because of its fraudulent behavior, it has caused huge losses to other people's public and private property; Causing adverse effects due to its behavior; Wait a minute.
5. The so-called particularly serious circumstances refer to the huge amount of fraud and other particularly serious circumstances.
(1) The starting point for a particularly huge amount is 200,000 yuan according to the relevant judicial interpretation.
(2) As for other particularly serious circumstances, it mainly refers to the use of credit cards to commit fraud; Belonging to recidivism, recidivism or recidivism; There are many serious circumstances; Causing particularly serious economic losses or other particularly serious consequences to others due to its fraudulent behavior; Using fraudulent property to commit other serious criminal crimes, causing particularly bad effects; Wait a minute.
If the loan cannot be repaid, the borrower can repay the arrears by borrowing from people around him or apply to the bank for extension. If both parties reach an agreement through consultation, they can sign a repayment agreement. The borrower can't ignore the loan that can't be repaid, otherwise it will have bad consequences.