Whether it constitutes a crime is not certain, and it needs to be determined according to specific circumstances. If the credit card fails to pay back a large amount (the principal is more than 5, yuan) and it is overdue for more than three months, it still fails to pay back after being collected twice by the bank, which belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. If the amount is large, it will be sentenced to fixed-term imprisonment of not more than five years; If the amount is huge, it will be sentenced to fixed-term imprisonment of not less than 5 years but not more than 1 years. If all the debts can be paid off in time before the judgment, the criminal punishment can be reduced and exempted.