Legal analysis: 1. Two restrictions have been added to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months. This excludes the behavior of not returning the debt on time because the bank has not received a reminder notice or other reminder documents. If the cardholder has not received the relevant notice or document and has not returned it after a certain period, it does not belong to the category. "Malicious overdraft".
2. The crime of malicious overdraft credit card fraud is an intentional crime, so it subjectively has the purpose of illegal possession, which is a very important component of the behavior. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime.
Legal basis: Article 177 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who obstructs the management of credit cards under any of the following circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be sentenced to or A single fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed; if the quantity is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than RMB 20,000 but not more than RMB 200,000: (1) Knowingly knowing that it is forgery Holding and transporting credit cards of others, or holding and transporting blank credit cards knowing that they are forged in large quantities; (2) Illegally holding other people’s credit cards in large quantities; (3) Using false identity certificates to defraud Receive credit cards; (4) Sell, buy, or provide others with forged credit cards or credit cards fraudulently obtained with false identity certificates.