If you owe 10,000 yuan to the bank, how long will you be sentenced, and how long will you be sentenc

If the bank files a lawsuit with the court to demand that the debtor repay the money, and the debtor deliberately fails to repay the money but causes serious consequences, he will be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

According to the Penal Code

Article 313:Refusal to enforce a judgment or ruling.

where there is a capacity to enforce a people's court's judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention, or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Article 313 of the Criminal Law of the People's Republic of China: Where a people's court has the ability to enforce a judgment or ruling but refuses to do so, and the circumstances are serious, a sentence of up to three years imprisonment, short-term detention or a fine is to be given; where the circumstances are especially serious, the sentence is between three and seven years imprisonment and a concurrent fine.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

If you owe 10,000 yuan to the bank, you will not be sentenced. It will not be sued until it is not repaid for half a year, and then it will be enforced by the court after the asset assessment.

For those overdue or short-term overdue amounts, the bank will generally not sue, only if your amount exceeds 10,000 yuan, and the overdue time is more than six months, then the bank will sue you to the court.

Hello, if you owe 10,000, you will not be sentenced, at most you will be prosecuted by the bank and then the repayment will be enforced.

Owing $10,000 to the bank is not a sentence.

Legal Analysis: A case-by-case analysis is required. Where a cardholder, for the purpose of illegal possession, exceeds the prescribed limit or overdrafts within the prescribed time limit, and fails to return it for more than three months after being collected twice by the card-issuing bank, he is suspected of credit card fraud and may be sentenced to fixed-term imprisonment of not more than five years or short-term detention and a concurrent fine of not less than 20,000 yuan but not more than 200,000 yuan.

Legal basis: Criminal Law of the People's Republic of China

Article 196.

In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) Fraudulently using another person's credit card; (4) Malicious overdraft. "Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2).

Article 54.

If credit card fraud is carried out and any of the following circumstances are suspected, a case shall be filed for prosecution:

1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, or using an invalid credit card, or fraudulently using another person's credit card, to carry out fraudulent activities, with an amount of 5,000 RMB or more;

2) Malicious overdrafts, where the amount is 10,000 yuan or more.

"Malicious overdraft" as provided for in this article refers to an overdraft by a cardholder for the purpose of illegal possession that exceeds the prescribed limit or within the prescribed time limit, and fails to return it for more than three months after being collected twice by the card-issuing bank.

Where the amount of malicious overdrafts is between 10,000 and 100,000 RMB, and the interest on the overdraft has already been repaid before the public security organs file the case, and the circumstances are obviously minor, criminal responsibility may not be pursued in accordance with law.

Legal analysis: If the principal amount of the arrears reaches more than 10,000 yuan and is not returned for more than 3 months after being collected twice by the card-issuing bank, it shall be determined as a "malicious overdraft" under the Criminal Law, and may be investigated for criminal liability for the crime of credit card fraud.

Legal basis: "Criminal Law of the People's Republic of China" Article 196: In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property: (1) Using a counterfeit credit card; (2) Using an invalid credit card; (3) Fraudulently using another person's credit card; (4) Malicious overdraft.