Is maliciously overdrawing a credit card by 6000 yuan a criminal offense and what legal consequences might follow?
Maliciously overdrawing a credit card by 6000 yuan does not constitute a criminal offense under current laws. According to the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Credit Card Fraud" (2018), the threshold for "large amount" in malicious overdraft of credit cards is 50,000 yuan or more. Since 6000 yuan is below this threshold, it does not meet the conditions for credit card fraud as stipulated in Article 196 of the Criminal Law.
However, this does not mean there are no legal consequences. From a civil perspective, the overdrawn amount plus accrued interest, penalty fees, and other related charges must be repaid to the bank. If the overdue status persists, the bank may initiate civil litigation to recover the debt, and the overdue record will also be reported to the credit reference system, which will affect the individual's future credit activities such as applying for loans or credit cards.
Practical advice: The individual should actively communicate with the bank as soon as possible to explain the difficulty in repayment and propose a reasonable installment repayment plan. Repaying part of the debt first can also show a positive attitude towards repayment, which helps reduce subsequent disputes and negative impacts on credit.
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