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What should I do if my credit card costs 4000 yuan and I don't pay it back for two years?
1. Legal basis: Article 196 of the Criminal Law refers to the crime of credit card fraud and theft. Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, 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 particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 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 forged credit card or using a credit card fraudulently obtained with false identification; (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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law. 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: 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 too large to be returned; (two) squandering overdraft funds, unable to return; (3) Escaping after overdraft, changing contact information and avoiding 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 acts of illegal possession of funds and refusal to return them. 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. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. 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. Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
2. Lawyer's opinion: 1. 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 repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. Reaching a certain amount constitutes the crime of credit card fraud. 2, for those who do not constitute a crime, but also bear the liability for breach of contract for overdue repayment. You should surrender yourself and repay the principal and interest immediately.
3. Risk warning: if you overdraw a credit card, you should repay it before the maturity date, otherwise you will be liable for breach of contract. If they meet the criteria for conviction, they will also be investigated for criminal responsibility.
The above suggestions are for your reference.
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