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Small loan filing standard
Small loans are filed for the crime of credit card fraud, and if the amount is relatively large, they 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Criminal offences committed by persons under the age of 18 shall be dealt with as follows:
1, under the age of 14, without criminal responsibility, and not sentenced, shall be ordered to be disciplined by their parents or other guardians; When necessary, carry out special corrective education according to law. However, if a person who has reached the age of 12 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, and the circumstances are bad, he shall bear criminal responsibility and be sentenced to punishment according to law;
2. A person who has reached the age of 14 but is under the age of 16 who commits the crime of intentional homicide, intentional injury, causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or throwing dangerous substances shall bear criminal responsibility and be sentenced to punishment according to law;
3. People who have reached the age of 16 but under the age of 18, no matter what crimes they commit, should bear criminal responsibility and be sentenced to punishment according to law.
To sum up, the filing standard of micro-credit loans is: the amount owed to micro-credit loans reaches 1 000 yuan. If it is not returned for more than 3 months after being collected by the bank twice, it constitutes the crime of credit card fraud, and should bear criminal responsibility and file a case.
Legal basis:
Article 196th of the Criminal Law of People's Republic of China (PRC)
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 especially 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 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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
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