Mention credit card bilk, the credit card that what a lot of people think of above all is an individual is overdrawn by other ill will, somebody is taken through applying for credit card to brush in cold blood or perhaps overdraw the amount inside card causes crime then; And the development as economy, credit card bilk has been the thing in fokelore no longer, if each user that hold card is used carelessly means and use safety also is to meet " by " of credit card bilk, we share the case of bilk of a credit card today, help everybody understand together, credit card exceed the time limit is not moral problem only, it is serious legal problem more, frequently exceed the time limit overdraws to be able to bring serious legal consequence finally. Talk about credit card bilk with everybody those things, also remind everybody at the same time great attention avoid.
One, discuss a case of more and more general credit card bilk first
Sun Mou of secret of article of some foreign enterprise in September 2012, in October, with its oneself name goes to Guang Dayin early or late, restful bank explain get credit card, can't remand in income after overdraw below the circumstance of debt, still continue to overdraw to consume and be covered show capital to add up to RMB 126378 yuan, classics bank is urged with the means such as phone, letter for many times close still refus does not remand. To affirm when case hair, sun Mou went to Guang Dayin in September 2012 explain the credit card that get adds up to overdraw RMB 62961 yuan; Sun Mou in October 2012 to restful bank explain the credit card that get adds up to overdraw RMB 63417 yuan.
Ever since, below the announcement of restful bank clerk, sun Mou sees the people's police that comes round to handle in its abode, offer stated afore-mentioned details of a case.
2, case analysis
The controversy focus in this case is: Sun Mou should assume criminal responsibility or the civil responsibility that want reimbursement only to his behavior; If Sun Mou should assume criminal responsibility, whether must be imprisoned?
Basis " criminal law of People's Republic of China " the 196th regulation, have one of following state, have activity of credit card bilk, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, punish gold; Amount is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment: (one) , , (2) (3) (4) ill will overdraws. The ill will that fund place weighs before overdraws, it is to show the person that hold card is a purpose with detinue, set limit more than or time limit overdraws, the behavior that after and classics hairpin bank is urged closing, still does not remand.
In this case, sun Mou exceeds time limit to overdraw, classics bank is urged for many times close to still do not remand debt, sun Mou's behavior accords with the about credit card crime of fraud regulation in afore-mentioned criminal law, its behavior is suspected of using calorie of crime of fraud all right, not be the problem that common people returns money to be able to be solved in understanding normally, sun Mou needs to assume criminal responsibility to his behavior. But, what use after all considering Sun Mou is his credit card, also did not grab secretly already, will tell to learning the common people of relevant law knowledge, be accepted very hard and understanding overdraws oneself travel uses card is crime unexpectedly, be sentenced even, be faced with even be imprisoned such result. According to the relevant provision of criminal law, since made a way, must be sentenced, but the case that joins Sun Mou, final court sentenced probation to Sun Mou, adjudge gave that day release.
3, lawyer opinion
1. the behavior about defaulting credit card for a long time, want probably to assume the situation of criminal responsibility, a lot of common people do not understand. Know the relevant law responsibility that will assume about defaulting credit card, become a law-abiding citizen, do not think to owed money to return do not have a thing, this assumed criminal responsibility still wants to assume.
The action that 2. decides him in inaccuracy after all below whether legal state of affairs, seek the lawyer's help actively, because him law consciousness is thin,avoid and lead to evil consequence.
Lawyer of the classics in this 3. case is Sun Mou actively to defend, the court also considers real case of Sun Mou, final applicable to Sun Mou probation, if Sun Mou can be in inside test period abide by the law inside each test period to set, after test expires original judgement penalty will be carried out no longer, of Sun Mou release the family that redeemed her in time.
How is credit card crime of fraud ruling in criminal law, specific punishment strength how?
(1) criminal law the 196th regulation: Have one of following state, have activity of credit card bilk, number is larger, be in 5 years of the following set term of imprisonments or arrest battle, be in 20 thousand yuan of above 200 thousand yuan of the following fine; Amount is huge perhaps have other and serious plot, be in 5 years of above 10 years the following set term of imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine; Amount is particularly huge perhaps have other and special serious plot, be in set term of imprisonment of 10 years of above or life imprisonment, be in 50 thousand yuan of above 500 thousand yuan of the following fine perhaps confiscate property:
(one) use bogus credit card, perhaps use what cheat the credit card that get with false identification;
(2) use use credit card;
(3) risk those who use other credit card;
(4) ill will overdraws.
Fund place says ill will overdraws before, it is to show the person that hold card is a purpose with detinue, set limit more than or time limit overdraws, the behavior that after and classics hairpin bank is urged closing, still does not remand.
The 6th person that hold card is a purpose with detinue, set limit more than or time limit overdraws, more than 3 months after and classics hairpin bank is urged twice closing still do not remand, ought to maintain it is what criminal law sets the 196th times " ill will overdraws " .
(2) ill will overdraws, amount resents in 10 thousand yuan of above 100 thousand yuan, ought to maintain it is what criminal law sets the 196th times " number is larger " ; Amount resents in 100 thousand yuan of above 1 million yuan, ought to maintain it is what criminal law sets the 196th times " amount is huge " ; Amount is in of 1 million yuan of above, ought to maintain it is what criminal law sets the 196th times " amount is particularly huge " .
2, if because daily use credit card is undeserved,be suspected of,commit a crime, if why are this handled?
(1) ask a lawyer to help plead, in inquiring a case OK and light or the clue that reduces processing. In credit card crime of fraud, cent of term of imprisonment is 5 years of above and 5 years of the following set term of imprisonments, and of probation mandatory the regulation is sentence 3 years of set term of imprisonments in the light of the likelihood only or the ability of arrest battle may be applicable probation, so, exceed 100 thousand yuan of RMBs when experience record amount, sentence the case of set term of imprisonment of 5 years of above possibly namely, seek the lawyer's help right now, whether to in inquiring a case, have confess one's crime and the make contributions clue that can reduce processing, strive for a likelihood to sentence 5 years or 3 years of the following set term of imprisonments.
(2) remand credit card debt, below the circumstance that remands in total debt, lawyer and court are communicated, through shifting to an earlier date pay fine is other perhaps means, strive for applicable probation. According to criminal law the 67th the 3rd section provision, because the suspect is offerred according to the facts,narrate him crime, avoid particularly serious consequence to happen, can reduce punishment. Overdraw to ill will, remand actively the debt of the bank, redeem the loss of the bank in time, strive for applicable probation, also be the family that redeems oneself and oneself.
(3) if in probation each regulation that probation abides by inside test period, after test expires, original judgement penalty is carried out no longer.
Credit card bilk uses habitual be closely bound up with the credit card of the user, because this everybody holds calorie of person not only want those who notice credit card to save safety, do not invite the hand of other of credit card prediction of a person's luck in a given year, also want to add those who notice credit card to use a convention more, be sure to keep in mind not to want eat next year's food, must be in cogent the still pays ability premise that measures clear oneself issues reasonable use credit card.
