2. The amount of debt owed exceeds 10,000 yuan and has not been returned for more than 3 months after being called upon by the card issuer twice. , should be regarded as a "malicious overdraft" in criminal law and suspected of credit card fraud;
3. The amount of malicious overdraft is relatively large, and all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.
4. Legal basis: Article 196 of the "Criminal Law" Any of the following circumstances shall constitute the crime of credit card fraud or theft. Whoever commits credit card fraud 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 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a counterfeit credit card;
(2) Using an invalid credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or time limit for the purpose of illegal possession and refusing to return the card after being called by the card-issuing bank.
Interpretations 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 Obstructing the Management of Credit Cards Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the time limit for the purpose of illegal possession, the card holder shall, through the issuing bank, If the debt is not returned after repeated reminders for more than three months, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:
(1) Knowingly not possessing A large amount of overdraft cannot be repaid due to the ability to repay;
(2) Squandering the overdraft funds and being unable to repay;
(3) Escape after overdraft, change contact information, and avoid bank collection ;
(4) Evading or transferring funds, concealing property, or evading repayment;
(5) Using overdraft funds to carry out illegal and criminal activities;
(6) Other behaviors of illegally possessing funds and refusing to return them.
A malicious overdraft, if the amount is more than 6.5438 million yuan but less than 6.5438 million yuan, shall be deemed as a "larger amount" stipulated in Article 196 of the Criminal Law; if the amount is more than 654.38 million yuan but less than 654.38 million yuan, If the amount is 10,000 yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 6,543,800 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. .
The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not yet returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the issuing bank.
Malicious overdrafts are subject to criminal liability. However, if all the overdraft interest has been repaid after the public security organ files the case and before the People's Court's judgment is announced, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the amount of malicious overdraft is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued according to law.