For the purpose of illegal possession, if the overdraft exceeds the prescribed limit or time limit, and it has not been returned for more than 3 months after being urged twice by the issuing bank, the amount exceeds 1 0,000 yuan, which constitutes the crime of credit card fraud. \x0d\ Explanations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management \x0d\ Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated reminders from the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. \x0d\x0d\ in any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: \ x0d \ (1) knowing that it is unable to repay, and the overdraft amount is large; \x0d\ (2) The overdrawn funds have been squandered and cannot be returned; \x0d\ (3) Hiding after overdraft, changing contact information to avoid bank collection; \x0d\ (4) evading or transferring funds, concealing property or evading repayment; \x0d\ (5) using overdraft funds for illegal and criminal activities; \x0d\ (6) Other acts of illegally occupying funds and refusing to return them. \x0d\ malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law. \x0d\ The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions specified in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank. \x0d\ Malicious overdraft shall be investigated for criminal responsibility. However, if all overdraft interest has been repaid after the public security organ files a case but before the announcement of the judgment of the people's court, it may be given a lighter punishment. If the circumstances are minor, it may be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.