Malicious overdraft is a criminal act. For the purpose of illegal possession, the cardholder overdrafts beyond the prescribed limit or time limit and fails to return it after effective collection by the card-issuing bank. If the amount is relatively large, it constitutes The crime of malicious overdraft credit card fraud.

Legal basis:

"Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases Obstructing Credit Card Management" Article 6 The cardholder exceeds the prescribed limit or prescribed period for the purpose of illegal possession. If the card is overdrafted and remains unrepaid for more than three months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

Malicious overdraft of a credit card is a type of credit card fraud. The crime of credit card fraud refers to the use of credit cards to conduct fraudulent activities for the purpose of illegal possession and to defraud larger amounts of property.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ credit cards;

(4) Malicious overdrafts.