a lot of people did not even know they have a crime in recent years

rekboib2g3 · 發表於 2015-11-11 20:11:31

Some users do not receive the credit card overdraft notice,http://dentmarketing.at.webry.info
Reporter survey found that the increase in recent years, cases of malicious overdraft credit card most people do not know is a crime into the criminal standard is too low Further overdraft Yin Zhengyi

Overdraft consumption is the current popular consumption, a lot of young "moonlight clan" even been adapted to the credit card, the "negative" life. However, in such a fashion chic lifestyle, a lot of illegal hidden risk, little attention may be sentenced crimes. Reporters learned yesterday, the Second City Court sentenced together on the delay due to overdraft credit card also determine malicious overdraft, although nearly 90,000 yuan in arrears, but still sentenced to one year.

Reporters learned that, in recent years, such cases are not uncommon, just last year, the Chaoyang police handle such cases nearly 300 cases. Reporter survey found that the majority of malicious overdraft credit card who do not know a crime. In addition, due to housing, means of communication change, some of those who failed to receive arrears dunning notice, the results are in jail. "Banks two collections, and more than three months is not yet" this criminal sub-standard and therefore controversial.

Court

Malicious overdraft of nearly 90,000

Full repayment still jailed

51-year-old man in Jilin Province Kwak suspected malicious overdraft credit card was prosecuted, the Beijing Second Intermediate People's Court of Final Appeal recently dismissed Kwak appeal and upheld the trial court verdict. Court of First Instance to credit card fraud and sentenced Kwak year imprisonment and a fine of 20,000 yuan.

In July 2010, Mr. Kwak in Huaxia Bank to apply to get a credit card after using the card in the Chaoyang District and other places of consumption, withdrawal, overdraft principal amounting to 8.9 million yuan, the bank repeatedly collection, more than three months is still No repayment after seized and brought to justice. After justice,http://www.51yam.com/home.php?mod=spacecp&ac=blog&blogid=, which paid off the amount owed.

"The money I have also, why sentenced me to one year." Kwak first instance verdict, ruling that the heavy sentence, the Appeal Court to two. Beijing Second Intermediate People's Court after hearing that, Kwak credit card overdrafts exceeding the prescribed time limit, and after repeatedly issuing bank collections, more than three months is still not returned, a relatively large amount,hogan outlet sito ufficiale,http://www.cheaihao.com/forum.php?mod=viewthread&tid=27111, his behavior constituted credit card fraud, should be according to the law punishment.

Given the court after Kwak justice can truthfully confessed criminal facts, a good attitude, expressed repentance,http://www.cclchinese.com/?action-viewnews-itemid-8440, and has repaid all the money interest, it won him a lighter punishment. Court of First Instance judgment based on the facts of their crimes, the nature, circumstances and the degree of harm done to society, conviction and the applicable law is correct, appropriate sentencing, legal proceedings, should be maintained.

Judge interpretation

Within three months after collection

Not yet to commit a criminal offense

Yesterday, the reporter interviewed on the case in the Second City Court Criminal two Han Jixiang court presiding judge. Han judge told reporters, in December 2009, the Supreme People's Procuratorate jointly issued the "credit card management hinder criminal cases concerning the Application of Law Interpretation of Several Issues" malicious overdraft credit card has been clearly defined, the cardholder "illegal possession for the purpose "," issuing bank after two collections of more than three months, no return ", it should be recognized as" malicious overdraft. " And knowing that a lot still unable to repay overdraft; profligacy overdrafts are not returned; later overdraft hidden, change communication, avoid chasing money and other financial institutions, are "illegal possession for the purpose of" performance.

Kwak meet the above characteristics, Kwak subjective purpose of illegal possession, overdrafts amounted to more than 89,000 yuan, the Issuer received information after the collection over three months do not return, and the resulting change in contact bank could not be contacted to Kwak, and Kwak no return ability, therefore finds its malicious overdraft, credit card fraud constituted.

Law Article Link

Malicious overdraft sentencing

The establishment of three file-level

The Supreme Court, Supreme People's Procuratorate jointly issued "on the credit card management prejudice the application of law in criminal cases the interpretation of a number of issues" (hereinafter referred to as "explain") for the first time on the credit card "malicious overdraft" under clearly defined: illegal possession for the purpose of cardholder , exceed the overdraft limit or deadline,piumini woolrich outlet, and two collections by the issuing bank is still not returned more than three months, it should be identified as "malicious overdraft." In this definition, based on the overdraft amount at 10,000 yuan but less than 100,000 yuan, usually at 3 years of imprisonment; overdraft amount of 10 million yuan less than 100 yuan, a sentence in the 5-10 years; the amount of the overdraft more than 1 million yuan, more than 10 years in prison.

Reporter survey

Malicious overdraft case most people do not know is the high incidence of crime

■ malicious overdraft credit card case

Investigating hundreds of cases a year

Malicious overdraft credit card, a lot of people did not even know they have a crime in recent years, such "idiot" There is a growing trend. Reporters learned from the Chaoyang Police, credit card fraud cases since last year due to malicious overdraft triggered the rise. Only last year, police cracked nearly 300 such cases since a considerable part of the people involved do not know the malicious overdraft credit card is a crime.

Jeong is the "idiot" one. In 2009, Jeong at Wangjing a supermarket shopping, saw a staff of a bank is selling credit cards, then apply for a spot CUP Dazs Gold Credit Card and MasterCard Standard cards NWDS each one. Thereafter, Jeong two credit cards with a number of supermarkets and shopping malls in the Chaoyang big consumer shopping, overdraft 18,900 yuan, and disregard bank regulations, not yet overdue. Bank staff repeatedly calls, send e-mail, send a letter calls arrears.

Jeong said after being arrested, he did not know the malicious overdraft is a crime, that owe owe, do not repay the bank to take their own there is no way to know that a crime has long been a repayment. Currently, Chung has been sentenced court.

Reporters learned from the Chaoyang police, malicious overdraft credit card fraud cases of the reason why the high incidence,http://www.shop-colour.net, in large part because cardholders simply hold bank accounts for cheap psychology, did not realize that this is a crime.

■ After not timely repayment of the overdraft

Banks have the obligation to notify deficiencies

Reporters interview process also learned that some users due to address, communication and other changes, the banks do not receive information in a timely reminder to delay repayment after being held criminally responsible. Reporters hold a credit card number to the side of the friends to understand, many people have had after repayment of overdraft forget the experience, and sometimes really is because moving, changing jobs and contact changes, etc., then the collection of information within a bank. Because there are people abroad to study, work and other assignments to other cities, almost cut off contact with the original of the city, has also led to collections of documents and information received less than banks.

"I'm not malicious, I just forget also the." Says Ms. Zhao usually more careless, she sometimes forget the credit cards, that after the "bank collection twice, three months is not yet" could be sentenced, Ms. Zhao even said terrible, "I have a dozen credit cards, often with credit card spending, and some have several million overdraft, home quickly a good look, there is not yet the time." Zhao said.

In addition, reporters learned that the repayment terms of the banks to remind, there are some differences, some banks have not entirely notification obligations. Reporters from several major bank credit card center that, if late in payments, most banks are SMS alerts and bill reminders in two ways. SMS prompt repayment generally only sent once, electronic billing and paper bills sent once a month. If the customer is still not the final repayment on the day of repayment, Construction Bank will be three working days send prompt SMS, CMB send text messages in five working days. Bank of repayment on the day and the day after twice SMS tips. In addition, the Industrial and Commercial Bank of China if customized SMS, SMS will send the bill to the bill date, but there will be no repayment schedule SMS reminders. Bank customer service officer said the bank send the relevant notification default system registration information, your personal information if there is a change must contact customer service changes.

Part of the criminal case overdraft

■ 2010 In December 2009,moncler homme, the Haidian District Court sentenced a number of centralized credit card fraud cases, 12 defendants were eligible for prison six months to three years in prison. In the same year, the hospital a total of more than 200 such cases to hear.

■ 2012 May,louboutin pas cher, the court sentenced Wang Fangshan commit credit card fraud, sentenced to 1 year and 10 months. Wang overdrafts totaling more than 34,427 yuan.

■ 2010 February former Xuanwu court with credit card fraud and sentenced to three years in prison, Lee, Lee handheld seven bank credit cards,http://bbs.tt919.com/read.php?tid-379219-fpage-32.html/read.php?tid-379219-fpage-32.html/post.php?fid=36?fid=36, a total of 6.2 million yuan in cash overdraft.

■ 2010 March Beijing Haidian court with credit card fraud and sentenced to seven years imprisonment Gumou. Gumou overdraft from Minsheng Bank, Pudong Development Bank and other banks 22 million yuan.

■ 2011 November Chaoyang court with credit card fraud and sentenced Haomou detention for three months, suspended for four months, a fine of twenty thousand yuan. Haomou overdraft principal totaling 17,751.25 yuan.

Experts say

The punishment is too low

Experts dispute

According to two high judicial interpretation,http://www.sendaimiyagidc.jp/templates/user/mailsystem/mailsystem.cgi, "malicious overdraft" requirement in the subjective purpose of illegal possession, which is very important in the conduct of the constituent elements, moreover, reminders twice and more than three months would not also identified as malicious overdraft constitutes a crime, for this "overdraft incrimination" standard is too low, experts disputed.

Yesterday, the Fengtai court criminal judge halls Hu Hai introduced, according handled similar cases more analysis, "malicious overdraft" not a judge's subjective judgments, compliance with the law and two high judicial interpretation can be identified as "malicious overdraft", such as Many people overdraft on the yuan,doudoune moncler, more contact with their bank are not contact, but more than three months, then the court can be identified as "malicious overdraft." Hu Hai judge also introduced, from a plurality of such cases that, when bank collection to delinquent cardholders generally be divided in various ways, including mailing bills, phone collection, the Ministry of Justice artificial calls, etc., in these methods When all else fails, or is still unable to contact the cardholder, the bank will report, and after these procedures have been, time certainly far more than the three-month period.

China University of Political Science Professor Xu Lanting claimed, credit card fraud, fraud must meet the constituent elements, namely the fictional facts to conceal the truth, fraud earlier, take money in the basic case of fraud. Use credit card overdraft consumption function itself has not illegal, "malicious overdraft" shall be for breach of contract processing. Professor of Renmin University of China Wangzong Yu believes that the law only emphasizes the cardholder's liability, while ignoring the responsibility of the issuer that is the bank. Credit Card "malicious overdraft" behavior rampant reason, in addition to the cardholder's own problems, but also with the bank junk credit cards, as well as strict audit mechanism, mismanagement.

Reporter's notes

From banks to prison

Proper middle ground

"Malicious overdraft collar criminal who is accused, bank, three courts are reluctant to see the results." Yesterday, the Court of investigators told reporters. The judge said that for debt, banks do not want to be sent to prison, even though many people have reached arrears criminal filing standards, the banks are not under the cruel to report. Only in the case of debt collection hopeless, banks will choose the legal channels to resolve. Even into the judicial process, the bank still wants the court judgment against defaulters probation or exempted from criminal punishment, the bank wants to stay in the community up arrears of work, but also on the arrears as soon as possible.

Because,http://tagreeed.com/vb/showthread.php?p=7073539#post7073539, "card slaves" collar criminal in addition to the bank's money boondoggle and waste of limited judicial resources, but is also detrimental to the defaulters, "have long been accused in custody, after its reintegration will increase instability." .

In this regard, the reporter suggested that banks should not overemphasize their performance, to strengthen the staff to do card pre and post-training supervision. When do cards, banks should be sufficient for users risk warning. Once the customer malicious overdraft, the bank can give defaulters made quickly to inform their may face criminal penalties, in order to reduce and avoid "card slaves" into the crime of the worst results.

At the same time, cardholders when using a credit card, but also understand that credit cards are a double-edged sword, "Do not lose faith, lose their freedom."

■ Comics / Pun

(Original title: sentenced to malicious overdraft credit card payments are still jailed man)

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