Solution:
1. If a friend’s credit card is stolen and his behavior is suspected of credit card fraud, it is recommended to call the police;
2. If the credit card is stolen If it is used with the consent of the party concerned, it is a civil case and should be sued in court for repayment;
Pay off the credit card debt first, and then ask for money from the other party. If the credit card is not repaid, the bank will pursue it Cardholder Responsibilities.
2. Article 196 of the Criminal Law: 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 be concurrently or separately sentenced to two A fine of not less than 10,000 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, 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;
(2) Using an expired credit card;
(3) Pretending to use another person’s credit card;
(4) Malicious overdraft.
3. Overdue credit cards will result in high interest rates and credit problems:
1. The credit card will be frozen and cannot be used, and negative information such as overdue repayment will be recorded in personal credit Reporting.
2. Negative information such as late repayment may not necessarily be recorded in personal credit reports. my country’s current credit record retention period is five years. After paying off a credit card balance, anyone can re-establish a credit history from scratch.
3. Whether it constitutes a criminal offense and whether you will be imprisoned depends not only on the length of the debt, but also on the principal amount of the credit card debt.
4. If the principal amount owed exceeds RMB 10,000 and is still not returned after two collections by the card-issuing bank for more than 3 months, it shall be deemed as a "malicious overdraft" under the criminal law and suspected of credit card fraud. shall be sentenced to fixed-term imprisonment of not more than 5 years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan.
5. If the amount of malicious overdraft is relatively large and all the overdraft and interest have 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.
Expand
Credit card fraud refers to the behavior of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. To avoid credit card fraud, remember to avoid trusting mobile phone information, protect bank card passwords, set payment limits and other precautions.
Use of credit card for malicious overdraft. Credit card overdraft means that the cardholder lacks or has no funds in the credit card account of the card-issuing bank. After approval by the bank, the cardholder can still use the credit card for consumption. Behavior. Credit card overdraft is essentially a consumer credit provided by the bank to the cardholder, which allows the cardholder to make consumption first if the funds are insufficient, and then the cardholder will make up the funds later and pay a certain amount of interest according to regulations.
In my country, card-issuing banks generally stipulate that cardholders can make short-term overdrafts within a certain limit. In practice, some criminals take advantage of the overdraft feature of bank credit cards for the purpose of illegal possession. They still fail to return the overdraft after being called by the card-issuing bank or hide their identity and abscond after a large amount of overdraft to avoid repayment responsibilities. This behavior is called It is called the crime of fraudulent use of malicious credit card overdraft.
Reference materials Baidu Encyclopedia Credit card fraud