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Beautiful temptation: credit card overdraws surge in crime
"I put the money are ready, there is no time to reimbursement, I don't want also money." This year at the age of 34, two years ZhangYu overdraft brush calorie of consumption hundreds of thousands of yuan, the bank still DuoCi collection not returned. The results, Beijing's haidian district court has sentenced to fixed-term imprisonment of crime of fraud of the credit card ZhangYu 5 years and shall also be fined RMB 50000 yuan.
According to statistics, haidian court since the end of 2011 the supreme people's court, the supreme people's procuratorate for prejudice about credit card management criminal case on the concrete application of law "the explanation of some issues has been issued and implemented, credit card fraud case number increased by 384.5% compared with the same period last year, including crimes overdraws amount account for more than 95% of the credit card fraud crime.
According to a court survey, such credit card overdraws fraud crime of more than 20 years old in the main body of crime of 66%, as they enter the society the near young man, wage level is low, but difficult to control their own strong desire for consumption, another kind of crime subject mainly is their own business or unemployed middle-aged, with the economic crisis anti-risk ability are relatively weak.
Compared with other property crimes, the criminals subjective vicious relatively low, generally not premeditated illegal possession, as time passes lose reimbursement ability and intend to. The defendant legal consciousness and has a fluky psychology, on long-term overdraw the understanding of the behavior not also still stays in the civil dispute level, in the bank after repeated reminders to escape attitudes, even will throw the credit card.
According to information, credit card overdraws crime the defendant family members, and even a larger bank advice the defendant's family demanded sued the bank, says Banks indulge crime in order to pursue the performance was not careful review the card of income, and in the lender no reimbursement ability of loans to continue.
DuoGe the defendant in talking about the way to handle credit card, "said the company has a deal with credit card some, I see a beautiful gift, so much didn't consider to do a"; In talking about why no reimbursement ability to overdraw, the defendant said "no money life, thinking and rich of time again. Then the still owe more more, until later, card threw out"; Some because the defendant is not on a credit card, and then the money and to deal with many credit CARDS, serial until difference could repay cannot fill huge.
According to the supreme people's court, the supreme people's procuratorate for prejudice about credit card management criminal case on the concrete application of law the explanation of some issues "regulation, overdraws amount is in 10000 yuan of above, you may constitute a" large amount ", knowing no reimbursement ability of overdraft or profligacy of money can't be returned, overdraft; After escaping overdraw, change of the contact way, escape bank collection; Flee, transfer funds, hide the property, escape the reimbursement; Use overdraw the money for illegal and criminal activities belong to "malicious overdraw".
The above provisions shall also shows that, in the public security organs of the people's court declared after filed prior to repay all overdraw of interest may be given a lighter punishment, if the circumstances are minor, can be exempted from punishment. Overdraws amount is larger, the public security organ files in prior to repay all overdraw of interest, if the circumstances are minor, the significant may, according to law, not, be investigated for criminal responsibility.
A federal judge in haidian court said, the appearance of the credit card commonly through elaborate design, compact fashion, let a person fondle admiringly. However there is no free lunch, lovely and convenient credit card, you can't control it in, and it is also possible that will drag you to the abyss of crime.
The judge reminded the masses in handling credit card, before you measure yourself if you have enough self-control, and for rational consumption; In the opening credit card, understand the terms of the contract to overdraw the forehead is spent, annual fees, interest, avoid breath period regulations; In the brush calorie of consumption, accomplish know fairly well, measure whether they could in payment period interest-free pay before.
by:http://finance-la.com/Credit_cards/Using_credit_card/20110622/6726.html
