Joke Collection Website - Public benefit messages - I received a text message saying that I was chasing after the net.
I received a text message saying that I was chasing after the net.
Legal analysis: No.
if it exceeds the amount stipulated by law and is not paid within the time limit, the bank can sue for credit card fraud.
If the malicious overdraft reaches more than 1,, which constitutes the crime of credit card fraud, and the bank cannot arrest the suspect after reporting the case, it will make an online arrest.
if the credit card is overdrawn in bad faith for more than 1, yuan, and the cardholder takes illegal possession for the purpose, and fails to return it for more than 3 months after being collected twice by the issuing bank, criminal responsibility shall be investigated for the crime of credit card fraud. The crime of credit card fraud refers to the act of using credit cards to defraud a large amount of property for the purpose of illegal possession, in violation of credit card management regulations. The use of credit cards generally refers to the use of forged or invalid credit cards or fraudulent use of other people's credit cards or malicious overdraft. The crime of credit card fraud is a kind of fraud crime, and the relationship between this crime and fraud crime is between special law and general law. Credit card is a criminal tool in this crime. If the perpetrator uses credit card as a criminal tool to conduct fraud activities, he will be convicted and punished for this crime according to the principle that special law is superior to general law.
Legal basis: Article 196 of the Criminal Law of the People's Republic of China
Whoever engages in 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, 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 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (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 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.
Article 196, paragraph 2 "For the purpose of illegal possession":
(1) Being unable to repay a large amount of overdraft knowing that it is unable to repay;
(2) the overdrawn funds are squandered and cannot be returned;
(3) escaping after overdraft, changing contact information, and evading bank collection;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for illegal and criminal activities;
(6) other illegal possession of funds and refusal to return them.
malicious overdraft, the amount of which is more than 1, yuan but less than 1, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1, yuan but less than 1 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 1 million 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.
criminal responsibility should be investigated for malicious overdraft. however, if the overdraft interest has been fully repaid before the people's court makes a judgment after the public security organ files a case, 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 the 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.
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