Legal analysis: malicious credit card breach is a criminal case, and criminal punishment is given. If the loan owed to the credit card in bad faith is not repaid and the amount reaches a certain standard, it constitutes the crime of credit card fraud and needs to bear criminal responsibility. If all overdraft interest has been repaid after the public security organ files a case and before the people's court makes a judgment, it may be given a lighter punishment, and if the circumstances are minor, it may be exempted from punishment.

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. If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(1) Using a forged credit card;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.