Legal basis: Article 6 of the Judicial Interpretation of the Supreme Court on Credit Card Crimes, 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. Under any of the following circumstances, unless there is evidence to prove that the cardholder does not have the purpose of illegal possession, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law: (1) knowing that he is unable to repay, he overdraws a lot and cannot return it; (2) After applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned; (3) Escaping after overdraft or changing contact information to avoid bank collection; (4) evading or transferring funds, concealing property or evading repayment; (five) the use of overdraft funds for criminal activities; (six) other illegal possession of funds, refused to return.