What is the defense of credit card fraud of 200 thousand?

Credit card fraud exists in China. This kind of credit card fraud is mainly illegal fraud for the purpose of possession. Of course, if the crime of credit card fraud has entered the proceedings, then you need to hire a lawyer to represent you, so many people want to know. What are the defense rules of 200,000 credit card fraud? 1. What are the rules for the defense of credit card fraud of 200,000 yuan? Whether the party's overdraft behavior has the purpose of illegal possession, if there is no evidence to prove that the party has the purpose of illegal possession, it should not be considered as credit card fraud. For the purpose of examining whether the parties have illegal possession, the following aspects can be examined: 1, examining the credit record of the cardholder and the reasons for not being able to repay. If the cardholder has sustained repayment for a long time and has a good credit, but his short-term economic situation has deteriorated seriously due to unemployment, sudden serious illness or other force majeure, he is unable to repay and has not continued to overdraw, and can provide reasonable clues to prove his economic situation at that time, it should not be considered as illegal possession, and he should be pleaded not guilty. 2. Review the reasons why the cardholder fails to repay in time. There is evidence to prove that the cardholder has reasonable objection to the amount of the arrears or the repayment method, and has no intention of refusing to return the arrears. If he keeps normal and smooth contact with the issuing bank and actively communicates with the issuing bank to seek a solution, it should not be considered as illegal possession, but should be pleaded not guilty. 3. Review whether the overdraft is caused by the registered cardholder and the behavior after the overdraft. If the registered cardholder lends his credit card to others and agrees with the user that the user will repay the credit card arrears, and the registered cardholder has fulfilled the obligation to inform the user of the bank collection in time, it should not be considered as illegal possession and should be pleaded not guilty. Except that the registered cardholder colludes with the user or knows that the user has the purpose of illegal possession; 4. Review other information of the cardholder to prove that the cardholder does not have the purpose of illegal possession. Second, check the collection of the issuing bank, and check whether the two collections are valid and whether the interval between the two collections exceeds one month. The premise of effective collection is that the cardholder violates the credit card contract, exceeds the prescribed limit or overdraws the credit card within the prescribed time limit and does not return the arrears. The cardholder does not violate the minimum repayment agreement reached with the credit card management institution, and the repayment reaches the minimum repayment amount, or it is presumed that the minimum repayment amount has been returned; And after the cardholder's repayment is overdue, the issuing bank does not raise any objection and recognizes his repayment behavior, so the cardholder is not deemed to have violated the credit card contract. Bank's collection behavior is not an effective collection in the sense of crime constitution. Review the amount of malicious overdraft. If the amount of malicious overdraft does not reach more than 10 thousand yuan, it shall be pleaded not guilty. The amount of malicious overdraft refers to the amount that the cardholder refuses to return the principal or the amount that has not been returned for more than three months after the card-issuing bank has twice collected it. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. If the issuing bank repays part of the arrears three months after two collections and before the public security organ files a case, the returned amount will not be included in the crime amount of malicious overdraft. That is, the amount of malicious overdraft = the actual consumption (including withdrawal amount) of the credit card involved before the public security organ files a case-the actual repayment amount. In the case of overdraft by installments, the amount of overdraft that has not expired at the time of the crime is generally not included in the amount of malicious overdraft crime. However, when the cardholder handles the installment payment, the issuing bank has fully fulfilled the obligation of reminding. When the cardholder is overdue or meets other conditions, the bank has the right to terminate the installment payment contract and recover all the balance. The crime amount is determined by the unpaid overdraft principal.