Legal subjectivity:

Malicious overdraft means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and after two calls by the card-issuing bank, it exceeds 3 If the money is still not returned after 3 months, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. The amount of malicious credit card overdraft refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law. Corresponding criminal liability for malicious overdraft: if the amount exceeds 1 million yuan, the person may be sentenced to life imprisonment and shall be fined 100,000 to 100,000 yuan. If the amount is huge, the sentence shall be not less than five years but not more than 10 years in prison and a fine of not less than 50,000 yuan but not more than 500,000 yuan. If the amount is especially huge, the sentence shall be not less than 10 years in prison or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. fines or confiscation of property. Consequences if the loan is not repaid: 1. The lending bank will collect the due loan from you in accordance with the law. According to the loan contract and the guarantee contract (mortgage or pledge contract), the lending bank will sue the court, and the court will take measures such as property preservation. , including freezing the deposits in all bank accounts of you and the loan guarantor, seizing your mortgaged properties, etc. After the judgment is made, the property will be enforced in accordance with the law (withholding deposits, auctioning mortgages, etc.) to repay the bank's loan losses. Specifically, it includes: loan principal, loan interest, overdue interest and penalty interest, as well as all resulting litigation costs, related costs incurred when disposing of mortgage (pledge) properties and realizing them, etc. 2. Your credit will be affected. If you use a company as the borrower, your company will be recorded in the national bank credit consultation system, and loans in your personal name will also be recorded in the national personal credit consultation system as overdue loans. . If the lending bank does not clear your record, you may not be able to get a loan from any bank in the future. 3. If you are not malicious in defaulting on the bank loan and are able to pay the interest on the normal loan, it is recommended that you apply for a loan extension to the lending bank first, explaining your willingness to repay, the fact that you are temporarily unable to repay the loan, and your future repayment plan. , under normal circumstances the bank will help you. 4. The relevant legal department staff will contact the borrower and negotiate for repayment. If the borrower still has no money to repay, if the negotiation fails, the legal department will go through judicial procedures and the court will file a case for trial. If it is a mortgage loan, the court will auction and discount the mortgaged items of the borrower to make up for the debt. To sum up, although arrears are civil liabilities, if you owe the bank maliciously, you can still be sued, and it will also have a negative impact on your credit system. If there are rising criminal cases, you will have to bear the corresponding liability. Of course, you still have to bear the legal penalty, so you should pay attention to the relevant regulations.