According to the explanation, if the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and fails to return it for more than 3 months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft".
"Malicious overdraft" is a crime of credit card fraud. The judicial interpretation of "two highs" clearly stipulates the conditions for "malicious overdraft" to constitute a crime:
1. "Malicious overdraft" adds two restrictions: First, the issuing bank has made two collections; Second, it is not returned for more than three months.
2. The crime of malicious overdraft credit card fraud is a deliberate crime, so it has the purpose of illegal possession subjectively, which is a very important constituent element of this behavior. "Illegal possession" is the main boundary between "malicious overdraft" and "goodwill overdraft". Only the overdraft for the purpose of illegal possession belongs to "malicious overdraft" and constitutes a crime.
3. Define the amount of "malicious overdraft". The amount of "malicious overdraft" refers to the amount that has not been returned and has not yet been returned, excluding the late payment fee and compound interest charged by the issuing bank.
4. According to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court decides or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility, so that the fraud of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be brought into play to minimize the criminal blow.