Legal analysis: If a credit card holder overdraws beyond the prescribed limit or term for the purpose of illegal possession and refuses to return it after being urged by the issuing bank, it is a malicious overdraft. If the amount is more than 50,000 yuan, it constitutes a crime of malicious overdraft of credit cards, and it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it 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, or if there are other serious circumstances, it shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or if there are other particularly serious circumstances. Sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and concurrently fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated 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. 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.