The total amount of Huabei and Jiebei is 5,500 yuan. Huabeiyuan’s current bill is 1,800 yuan, which is 42 days overdue, and Juebei owes 600 yuan, which is 20 days overdue. This situation does not constitute a crime.
The current filing standard for credit card fraud is more than 50,000 yuan. Two reminders will not work. This situation has not yet reached the filing standard.
General loan disputes are civil legal relationships and should be regulated by civil law and do not give rise to criminal liability. However, if the perpetrator actually defrauds property in the name of borrowing money, he should be punished with the crime of fraud. The most important thing to distinguish between the crime of fraud in the name of lending and lending disputes is to find out whether the perpetrator has the purpose of illegally possessing other people's property.
Article 108 of the General Principles of the Civil Law
Repay debts. If the debtor is temporarily unable to repay, the debtor may repay the debt in installments with the consent of the creditor or the ruling of the people's court. If the debtor has the ability to repay but refuses to repay, the People's Court shall order compulsory repayment.
Extended information:
Loan fraud:
Identification of the crime of loan fraud:
"For the purpose of illegal possession" is a differentiated crime important criterion for non-criminality. When determining the crime of loan fraud, we cannot simply think that as long as the loan cannot be repaid when it is due, it constitutes the crime of loan fraud. In real life, it often happens that loans cannot be repaid on time, and the reasons are also complicated. For example, due to poor management or changes in market conditions, the profit plan cannot be realized, so the loan cannot be repaid on time.
In this case, although the perpetrator is subjectively at fault, it does not have the purpose of illegally possessing the loan and cannot be regarded as this crime. Some people overestimate their repayment ability and are unable to repay the loan on time. Although the perpetrator is subjectively at fault in this situation, it does not have the purpose of illegal possession and should not be punished as this crime. Only those who use fraudulent methods to obtain loans for the purpose of illegal possession are guilty of loan fraud.
Reference: Baidu Encyclopedia-Loan Fraud