Article 6 of the Judicial Interpretation of the Crime of Obstructing Credit Card Management: The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and fails to return the card for more than 3 months after being called upon twice by the issuing bank. , should be determined as "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) A large amount of overdraft, knowing that there is no ability to repay, cannot be returned; (2) Wantlessly squandering overdraft funds that cannot be returned; (3) Escape after overdraft, change contact information, and evade bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to conduct Illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. 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, it shall be deemed as a "large amount" under the Criminal Law. "Huge amount" as stipulated in Article 196; if the amount is more than 1 million yuan, it shall be deemed as "especially huge amount" as stipulated in Article 196 of the Criminal Law. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but if all overdrafts and interests are repaid after the public security organ files a case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. Article 177-1 of the "Criminal Law of the People's Republic of China" The crime of obstructing credit card management falls under any of the following circumstances. Anyone who obstructs credit card management shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined concurrently or solely 10,000 yuan. A fine of not less than RMB 100,000 but not more than RMB 100,000; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than RMB 20,000 but not more than RMB 200,000: (1) Holding a credit card knowing that it is a counterfeit Possessing and transporting blank credit cards, or knowingly holding and transporting blank credit cards in large quantities; (2) Illegal possession of other people's credit cards in large quantities; (3) Using false identity certificates to fraudulently obtain credit cards; (4) Selling, buying, or providing others with forged credit cards or credit cards fraudulently obtained with false identity certificates. Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph. Any staff member of a bank or other financial institution who takes advantage of his position to commit the crime in Paragraph 2 shall be severely punished.