If the cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank, it shall be deemed to be a violation of Article 100 of the Criminal Law. "Malicious overdraft" as stipulated in Article 96. First, the judicial interpretation adds two restrictions to "malicious overdraft": first, it has been collected twice by the card-issuing bank; second, it has not been returned for more than three months. This excludes the failure to return money on time because the bank has not received a reminder notice or other reminder documents. Second, the crime of credit card fraud must have the purpose of illegal possession subjectively. "Illegal possession" is the boundary between "malicious overdraft" and "well-intentioned overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime. "For the purpose of illegal possession", the judicial interpretation lists six situations based on judicial practice in recent years: (1) overdrafting a large amount of money knowing that there is no ability to repay and cannot return it; (2) squandering the overdraft funds wantonly and cannot return them. (3) Escape after overdraft, change contact information, and avoid bank collection; (4) Escape or transfer funds, hide property, and evade repayment; (5) Use overdraft funds to carry out illegal and criminal activities; (6) Others The act of illegally possessing funds and refusing to return them. Third, the amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late fees, compound interest and other fees charged by the issuing bank. Fourth, according to the criminal policy of balancing leniency with severity, if the overdraft interest is repaid before the court has made a judgment or the public security organ has not filed a case, it will be treated lightly or criminal liability will not be pursued. Article 6 of the "Interpretation 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 Obstructing the Management of Credit Cards"