Legal analysis: The filing standard of credit card malicious overdraft is: credit card malicious overdraft 1 10,000 or less, which does not constitute the crime of credit card fraud and cannot be convicted and sentenced. Disputes can only be settled through civil litigation. Malicious overdraft, the amount of which is more than 1 10,000 yuan but less than110,000 yuan, has been fully repaid before the public security organ files a case. If the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Legal basis: Article 177-1 of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which hinders the management of credit cards, and shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan:

(1) Holding and transporting a counterfeit credit card knowingly, or holding and transporting a blank credit card knowingly, in a relatively large number;

(2) Illegally holding other people's credit cards, with a relatively large number;

(3) using false identification to defraud credit cards;

(4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means.

Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph.

Any employee of a bank or other financial institution who takes advantage of his position to commit the crime mentioned in the second paragraph shall be given a heavier punishment.

Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management Article 10 If the amount of malicious overdraft is relatively large and it has been fully returned before prosecution, or there are other minor circumstances, prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times.