Fraud refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession.
It is generally believed that the basic structure of this crime is: the actor commits fraud for the purpose of illegal possession → the victim has a wrong understanding → the victim disposes of the property based on the wrong understanding → the actor obtains the property → the victim suffers property losses.
If the borrower is in arrears for a long time for some reason, or fabricates a lie or conceals the truth to defraud money and materials, it can't be repaid at maturity, as long as there is no purpose of illegal possession, no profligacy or deception, and it really means repayment; There are also some people who forge repayment vouchers and lie that they have repaid their debts after they have owed them. This is still a loan dispute and does not constitute fraud.
After handling the installment payment business, if the payment is overdue for more than three months or the bank makes more than two reminders, the bank will freeze your card, list you as a prohibited customer (blacklist), and will also sue you for credit card fraud and malicious overdraft, which will be enforced by the court. If a person refuses to repay the loan after prosecution, and the amount owed exceeds 1 000, the court will punish him for the crime of credit card fraud according to Article 1 96 of the Criminal Law.
There is not only a late payment fee of 5% for the minimum unpaid part, but also a penalty interest for the full amount of the bill (the daily interest rate is 0.5 ‰, which starts from the day of consumption, and the interest is recovered monthly until the principal and interest are paid off), and a bad credit record is generated in the Credit Information Center of the People's Bank of China, which affects the application for credit cards and bank loans within five years.
Extended data:
Article 196 of the criminal law
If one of the following circumstances constitutes the crime of credit card fraud or theft, and the amount is relatively large, he 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.
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