Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates:
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. ?
Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. ?
Extended data
Types of malicious overdraft of credit cards:
1, frequent overdraft. Cardholders repeatedly withdraw cash at credit card business points close to each other at a very high frequency, and every little makes a mickle, which takes up a lot of cash in the bank in a short time.
2. Multi-card overdraft. The cardholder applied to a number of banks and opened a number of accounts, but the cardholder still overdrawn, resulting in a number of debts and inability to repay.
3. Overdraft in different places. Cardholders take advantage of the current situation that China's communication equipment is underdeveloped, the cash withdrawal information in different places can not be summarized in time, and it is difficult to deliver the "emergency payment stop notice" in time, committing crimes all over the country and overdrawing at will.
4. Collaborate with each other to overdraw. First, cardholders cross each other, chain guarantee, and apply for credit card overdraft in different banks. Second, the cardholder colluded with the staff of special merchants to obtain bank funds by means of false consumption. Third, the cardholder colluded with bank employees inside and outside to use credit card overdraft.
People's Court of Ruzhou City, Henan Province-If the credit card is overdue, you will go to jail.
Baidu Encyclopedia-Interpretation 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 of Impairment of Credit Card Management