Withdrawing cash from a credit card overdraft is not a malicious overdraft.

The "Bank Card Business Management Measures" stipulates that the maximum overdraft period for quasi-credit cards is 60 days, and some card issuing banks have regulations of 1 month. If the overdraft amount does not exceed the limit but exceeds the above period and is not returned after being called upon by the card issuer, it constitutes a crime. The time limit for the perpetrator to return the money after collection is 3 months. If the perpetrator voluntarily returns the overdraft without collection or returns the overdraft after collection, it will not be treated as a crime, but will constitute an improper overdraft and bear corresponding civil liability.

Criminal Law

Article 196: Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to two A fine of not less than 10,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

(1) Using a forged credit card, or using a false identity Proving that the credit card was obtained fraudulently;

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious Overdrawn.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Article 5: Use forged credit cards, credit cards fraudulently obtained with false identity certificates, invalid credit cards, or falsely use other people’s credit cards to conduct credit card fraud, with the amount exceeding 5,000 yuan and less than 50,000 yuan. It should be determined as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount exceeds 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

The term "false use of other people's credit cards" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) Lost other people's credit cards and Use;

(2) Defraud other people’s credit cards and use them;

(3) Steal, bribe, defraud or obtain other people’s credit card information through other illegal means, and use it through the Internet, Used by communication terminals, etc.;

(4) Other situations of fraudulent use of other people’s credit cards.

"Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards"?

Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession. , and if the card is still not returned more than 3 months after being called upon twice by the 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.

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.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. 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.