1. The cardholder fails to repay the arrears for more than three months after the card-issuing bank has made two reminders;

2. Subjectively, it is intentional and has the purpose of illegal possession;

3. The amount of malicious overdraft refers to the money that has not been returned and has not been returned.

legal ground

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 Laws in Handling Criminal Cases of Impairment of Credit Card Management.

If the 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 being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.