If you owe a credit card 200,000 yuan, and the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is relatively large, and you shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 20,000 yuan but not more than 200,000 yuan. If it is not a malicious overdraft, it will be sentenced according to its specific criminal circumstances. Malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and has not returned it for more than three months after being urged twice by the issuing bank.
legal ground
Article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Revision of the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious overdraft is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is relatively large; If the amount is more than 500,000 yuan but less than 5 million yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is huge; If the amount is more than 5 million yuan, it shall be deemed that the amount stipulated in Article 196 of the Criminal Law is particularly huge.
How to judge that you owe a bank credit card of 200,000 yuan?
If (China Merchants Bank) fails to pay the minimum repayment amount of the bill in time before the due repayment date, it will be charged with liquidated damages and interest, and personal credit will be affected. The penalty is 5% of the unpaid minimum amount, and the minimum amount is RMB 10 yuan or USD 1 yuan. Interest refers to the collection of all consumption in the current period from the bookkeeping date (usually the day after consumption), with a daily interest rate of five ten thousandths until you pay it off in full. In order to avoid affecting personal credit, it is recommended that you repay on time. If it is not convenient to pay off the bill in full, please pay off at least the minimum repayment amount on time.
Article 196 of the Criminal Law of People's Republic of China (PRC) * * * engages in credit card activities under any of the following circumstances. If the amount is relatively large, he 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
The credit card owed more than 200 thousand, and the lawyer said to sentence me to five years. Is it true?/You don't say.
In modern society, with the rapid development and expansion of economy, people use less and less cash, and it is more and more common to use mobile phones to pay or swipe their cards! Especially nowadays, young people prefer to use credit cards, which is a new way of payment. You can overdraw your spending limit in advance and pay it back next month, endlessly ... but if your credit card debt can't exceed 200 thousand, the legal department says you will be sentenced to five years. Is it true?/You don't say. In fact, this has a lot to do with what you do with your credit card!
First, under normal circumstances, people may use credit cards because of temporary cash flow problems, such as legitimate living expenses such as serious business investment or buying a house, which may make credit cards overdraw and owe hundreds of thousands of funds, which is not paid for at the moment, not intentionally. This phenomenon often happens in life! But at best, this is a loan breach, which belongs to the civil category and has nothing to do with criminal! If the opposing lawyer tells you that your credit card debt exceeds 200,000, you will be sentenced to 5 years' imprisonment. This may just be their usual psychological warfare to urge you to pay back the money as soon as possible.
Second, if you have the ability to repay your credit card but refuse to repay it, and the other party takes you to court, and you refuse to enforce it, the law will not stand on your side. You may not only be sentenced to prison, but also face a certain amount of economic fines! Therefore, as long as you use your credit card for normal consumption activities and don't intentionally repay, even if you owe more than 200,000 credit cards, you won't really be sentenced and put in jail! In addition, the premise of all this is that your credit card consumption behavior does not involve some illegal and criminal activities. If there is, it is another way of saying that it is likely to be sanctioned by relevant laws!
I owe 200 thousand on my credit card. Can you meet me at the bank? Will I go to jail?
1. If the credit card is overdue, the bank may do so. As for whether it is decided by the bank; If the amount owed reaches more than 1 10,000 yuan, and it is not returned for more than 3 months after being collected twice by the issuing bank, it will be considered as "malicious overdraft" in criminal law, and the suspected credit card crime and overdue repayment will be recorded in the personal credit report, but the negative information such as overdue repayment will never be recorded in the personal credit report. At present, China's credit record has been maintained for five years. After paying off the debt, anyone can start building a credit record again and start again. If the principal of a credit card is 200,000 yuan, which is a huge amount as stipulated in Article 196 of the Criminal Law, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; Legal basis: Article 196 of the Criminal Law, a credit card crime involves credit card activities. Under any of the following circumstances, it 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) using a forged credit card; \ (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. \ The malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. \ Explanations 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 Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that there is no repayment ability and the overdraft amount is large and cannot be returned; (two) the use of overdraft funds at will, can not be returned; (3) Escaping after overdraft, changing contact information and evading bank collection; (4) evading or transferring funds, concealing property or evading repayment; (five) the use of overdraft funds for illegal and criminal activities; (six) other illegal possession of funds and refused to return. \ 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 "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. \ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. \ Malicious overdraft shall be investigated for criminal responsibility. However, if the overdraft interest has been repaid in full before the announcement of the people's judgment after the public security organ files the case, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.
Seven bank credit cards are overdue, with a maximum of 200,000. I really can't pay them back. Will I go to jail?
There is a "credit card crime" in the criminal law, and the minimum amount stipulated for this crime is 50 thousand yuan. The subject has seven credit cards, and the maximum amount reaches 200,000 yuan. He is unable to repay the loan, which will be a very difficult problem.
First of all, the issuing bank has to make multiple reminders and negotiate how to repay. After these ways to make you pay back the money are exhausted, you can only call the police to file a case and punish you with a credit card crime.
The subject may say that there is no money to pay back anyway, or there is no money to file a case. what can I do? Actually, it's not exactly like this. First of all, the issuing bank fixes the debt through litigation to avoid the limitation of action. Then identify you as a criminal, so that when the final accounts are executed in the future, you can write the ins and outs of the money into the bad debt file of the issuing bank; When you are sentenced to prison, you will also enforce any property under your name at the request of the issuing bank. Of course, at this time, your credit information has been hacked, and Lao Lai's list was on the meeting.
What the subject wants to know most is how long he will be sentenced. Take your card with a maximum limit of 200 thousand, the judge should sentence you to three to five years in prison! Going to jail can't exempt you from debt, and you will be chased by the bank when you come out. In addition, you always owe money to seven credit cards, and anyone who reaches the limit of 50 thousand can constitute a credit card crime. There is more than one card issuer, and they report you separately, so the sentence will accumulate and will exceed three to five years. Because the money owed is from several banks, the main body of the unit is different and cannot be handled together, so the main body is very tragic!
1. Do not maliciously transfer property to avoid debts. 2. No false information was provided when handling the credit card. It's just that you don't have to go to jail for being in debt. You see, Xu Jiayin owes so much money, and it's fine.
Isn't it good to go to jail? I can't afford it anyway. Better go in and be quiet.
Has a card been used normally after successful approval?
There is no malicious overdraft. If the card has just come down, it is more likely that you will not return it after swiping it. If, like me, a card has been used normally for more than ten years since it was approved, I personally feel that even if it is overdue, it will not be judged as malicious overdraft.
But, but, but.
Still have to be cautious and try to negotiate with the bank.
No one wants to take this step after the deadline, but if I have to take this step because of the failure of my business, I need to pay attention. After all, the quantity is not small, and it will bring me some trouble if it is not handled well.
While doing your job well, adjust your mentality as much as possible to increase your income. If the amount of debt is not large, or the family has the ability to help deal with part of it, this is the best way, but you must not rob Peter to pay Paul. In order to fill this hole, you should borrow online loans. I am a wrong example. In order not to be overdue, I borrowed an online loan to fill the hole. Who ever thought that online lending was the biggest pit that could never be dug up, unless I was lucky, a big pie fell from the sky.
Don't think about whether you can bear the consequences, think about how to avoid unnecessary troubles, and solving problems is the key. The key to solving the problem is
It is the most important thing to make money and pay off debts.
Don't run away from overdue credit cards. We should actively negotiate. If the credit card limit is small, we will always pay it back. If the credit card limit is large, we will pay it back in half a month. This will show that you are sincere. Otherwise, the bank will credit your letter, and you will definitely go to jail. As long as you actively cooperate and pay back a little more or less, it means that you are not paying back temporarily, not maliciously, so that the bank will not be malicious and you will not go to jail.
Yes,
Maybe, maybe not. Alas. Don't spray me
Find a job to live first. The cost is low, and there is really no stall. Let's talk about repayment when we have the viability.
Contact the bank regularly, don't lose contact and explain the situation.
The economy won't go to jail, and banks don't want to be bad debts that can't be recovered.
My friend owed China Merchants Bank100,000 yuan, but in the end, he still had no income and property, so he could not execute it. Later, I slowly returned it a little.
Take the initiative to negotiate and pay back some every month.
Online lending will not go to jail, which is a civil issue, but credit cards are definitely a form of crime in banking countries, and they will definitely go to jail, but the sentence is not necessarily.
Will you go to jail if you owe 200 thousand on your credit card?
Will you go to jail if you owe 200 thousand on your credit card? If the bank decides that you overdraw maliciously, you may go to jail.
This concludes the introduction about whether you will go to jail if you owe 200,000 yuan to a credit card and whether you will go to jail if you owe tens of thousands to a credit card. I wonder if you found the information you need from it.