Legal basis: Paragraph 1 of 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 a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two effective reminders from the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.