Haier Company15,000 yuan loan is not repaid at maturity, which violates the spirit of the contract and the other party has the right to recourse. However, given the small amount, it is hard to say whether the other party will make great efforts to recover it.
According to the Criminal Code of People's Republic of China (PRC):
Article 196 Whoever commits credit card fraud under 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.
The crime of malicious overdraft consists of the following elements:
(1) theme element. Only valid cardholders. People who cheat credit cards and other credit card holders on the basis of borrowing, taking, buying, stealing and robbing. You can't be the subject of malicious overdraft without bidding procedure. The reason has been mentioned above, so I won't go into details here.
(2) Subjective factors. The subjective fault of the actor is intentional, including knowing the prescribed limit and time limit and the purpose of illegal possession.
The purpose of the actor's illegal possession is generally based on the presumption of his behavior, and refusing to return it after being urged by the issuing bank is not only an objective aspect of the behavior, but also an important basis for inferring the purpose of illegal possession.
In the process of presumption, it is necessary to distinguish between subjective vicious refusal to return and objective factors that can not be returned reasonably. The former is subjective unwillingness, while the latter is objective impossibility.
Credit card overdraft itself is a high-risk business, and banks should fully realize its risk cost. The cardholder is unable to return the overdraft objectively due to force majeure and other legitimate reasons.
Based on the modesty of criminal law, it should not be treated as a crime.
In judicial practice, if an actor commits the following acts, it can be considered as having the purpose of illegal possession:
Cardholders abscond with money after a huge overdraft; Overdraft is used for illegal and criminal activities, so that the overdraft cannot be returned; Spending an overdraft on extravagance and luxury goods greatly exceeds its actual ability to pay.
(3) objective factors. The objective aspect of criminal's malicious overdraft has two manifestations. First, overdraft exceeding the prescribed limit is called criminal malicious overdraft if it is not returned after collection.