Malicious cash withdrawal refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice. If the act constitutes a crime, it shall be handled in accordance with the relevant provisions of the crime of credit card fraud.
Legal objectivity:
Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than three months after being effectively collected by the issuing bank twice, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law. The purpose of illegal possession should be judged according to the cardholder's credit history, repayment ability and willingness, the application and overdraft of credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations. It is not allowed to identify the purpose of illegal possession just because the cardholder fails to repay the loan according to the regulations.