Have you heard of credit card fraud? What is the relationship between malicious overdraft and it?
What is the crime of credit card fraud?
Credit cards are issued by commercial banks to individuals and organizations. They can be used to make purchases, consumption and cash deposits with special units, and are specially made carrier cards with consumer credit. The card is in the form of a card with the name of the issuing bank, expiry date, number, Card with the cardholder’s name and other content, with a magnetic stripe and signature strip on the back. The credit card we are talking about now generally refers only to a credit card. In layman's terms, a credit card is a micro-credit payment tool provided to users by the bank that consumes and repays.Credit card fraud refers to the use of credit cards for fraudulent activities in violation of credit card management regulations for the purpose of illegal possession and obtaining large amounts of property by deception. If it constitutes a crime of credit card fraud, the penalty is not more than five years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, it shall be sentenced to not less than five years but not more than ten years of fixed-term imprisonment and five A fine of not less than 10,000 yuan but not more than 500,000 yuan; if the amount is particularly large or there are other particularly serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.What is the relationship between malicious overdraft and credit card fraud?Overdraft refers to the behavior of allowing the cardholder to withdraw cash or spend with the card in excess of the existing fund limit according to the card issuance agreement or approved by the bank when the cardholder has no funds or insufficient funds in the card issuing bank's account. Overdraft is essentially a short-term credit provided by banks to customers. The overdraft function is also the most obvious feature that distinguishes credit cards from other financial vouchers. Credit card overdraft is based on the good credit of the cardholder. Therefore, the overdraft is limited to legal cardholders. If an illegal cardholder uses the credit card to make an overdraft, it cannot be regarded as a credit card overdraft. Overdraft can be divided into well-intentioned overdraft and malicious overdraft.(1) Good faith overdraft refers to the behavior of the cardholder in full compliance with the credit card regulations and card issuance agreement, exercising the overdraft right within the agreed or prescribed amount and time limit, and returning it on schedule. Improper overdraft refers to the behavior that the cardholder violates the credit card regulations and card issuance agreement by exceeding the agreed or prescribed limit and time limit, but the behavior is returned in time or automatically after being collected by the issuing bank. Well-intentioned overdrafts and improper overdrafts are legal because the cardholder has no purpose of illegal possession. However, improper overdraft is a breach of contract and should bear corresponding civil liabilities.(2) Malicious overdrafts can be divided into general illegal malicious overdrafts and criminal malicious overdrafts. Generally illegal malicious overdraft refers to the behavior of the perpetrator deliberately violating the credit card regulations and agreements to overdraft for the purpose of illegal possession, and not repay the credit card after the time limit, but the amount of fraud is small. Generally illegal malicious overdraft is an administrative illegal act, and corresponding administrative and civil liabilities should be borne. Because it is less harmful to the society, it does not constitute a crime. Criminal malicious overdraft refers to the behavior of a cardholder who overdrafts in excess of a prescribed limit or a prescribed time limit for the purpose of illegal possession, and refuses to return it after being collected by the issuing bank.Regardless of whether malicious overdraft is generally illegal or criminal, the cardholder has the purpose of illegal possession. The difference lies in whether it has reached the level of crime. In practice, whether it has reached the amount of judicial interpretation is the standard.1. An overdraft exceeding the prescribed limit is a criminal malicious overdraft that exceeds the limit and is not returned after collection. If the overdraft exceeds the limit, the issuing bank can collect it at any time. Non-return refers to "not returning within 3 months from the date of receipt of the collection notice from the issuing bank". If the cardholder automatically returns the overdraft without the collection or returns the overdraft after the collection, it will not be treated as a crime and constitute an improper overdraft. , Bear the corresponding civil liability.2. If the overdraft exceeds the prescribed time limit and is not repaid after collection, this is called a criminal malicious overdraft exceeding the time limit. The "Administrative Measures on Bank Card Business" stipulates that the quasi-credit card overdraft period is up to 60 days, and the issuing bank has a stipulation of 1 month. If the overdraft does not exceed the limit, but exceeds the above-mentioned time limit, and the card issuing bank has not returned it after collection, it also constitutes a crime. The time limit for the return of the perpetrator after collection is 3 months. If the perpetrator returns the overdraft automatically without collection or returns the overdraft after the collection, it shall not be dealt with as a crime, which constitutes an improper overdraft and shall bear the corresponding civil liability.From the above content, we can know that malicious overdraft of credit cards does not necessarily constitute a crime of credit card fraud, but a manifestation of the crime of credit card fraud. In addition, we should remind everyone to pay attention to the determination of the amount of overdraft. The amount of the crime of overdraft refers to the total amount of overdraft. For the part that does not exceed the limit, the amount of overdraft crime refers to the amount of overdraft itself, excluding interest and penalty interest.Cardholders should cherish credit and avoid malicious overdrafts, and do not participate in illegal acts and fraudulent transactions. Once a cardholder is caught for this kind of illegal behavior, he will be blacklisted, causing irreparable damage to his personal credit. It will also lead to banks' unanimous rejection of all credit operations and even criminal penalties. It is hoped that cardholders will cultivate personal credit awareness, ensure the safe and effective use of credit cards, and prevent crimes. Don’t panic if there is an overdraft through bank reminders. Contact a lawyer in time and ask a lawyer to help you solve it. If it is not enough to constitute a crime, you can solve the problem through other reasonable means.
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