Legal analysis: Whether it constitutes a crime is not necessarily determined and needs to be determined based on the specific circumstances. If the overdue amount of the credit card is large (principal of more than 50,000 yuan), and it is overdue for more than three months, and the credit card is still not repaid after two collections by the bank, it is a malicious overdraft on the credit card, which constitutes the crime of credit card fraud. If the amount is relatively large, the person will be sentenced to fixed-term imprisonment of not more than 5 years; if the amount is huge, the person will be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years. If the entire amount owed can be paid off in time before judgment, the criminal penalty can be reduced and exempted.

Legal basis: "The People's Republic of China and the Civil Code"

Article 667: The loan contract means that the borrower borrows money from the lender, and returns the loan and pays when due interest contract.

Article 680: Lending at high interest rates is prohibited, and the interest rate for borrowing must not violate relevant state regulations. If the loan contract does not stipulate the payment of interest, it will be deemed that there is no interest. If the loan contract does not clearly stipulate interest payment, and the parties are unable to reach a supplementary agreement, the interest will be determined based on factors such as local or party transaction methods, transaction habits, market interest rates, etc. Borrowing between natural persons will be deemed to have no interest.