The content of the criminal judgment is mandatory. The defendant needs to pay a fine of 30,000 yuan and serve 8-10 months in prison.
Article 196 of the "Criminal Law of the People's Republic of China" stipulates that "malicious overdraft" is a criminal act of credit card fraud. The so-called "malicious overdraft" refers to the overdraft behavior in which the cardholder (bank credit card) takes overdraft money as his own, does not want to repay it at all, or is unable to repay it, and resorts to absconding to avoid debt. On December 15, 2009, China's Supreme People's Court and Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impeding the Management of Credit Cards", calling the bank's failure to repay two collections in March a malicious overdraft. According to Article 196 of the "Criminal Law of 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 but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the crime is huge or there are other particularly serious circumstances, 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 counterfeit credit card, Or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.