If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Legal basis: Article 196 of the Criminal Law.

If one of the following circumstances constitutes the crime of credit card fraud or theft, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.

Extended answer:

Consequences of credit card overdraft:

Overdue repayment will be recorded in personal credit report, but negative information such as overdue repayment is not always recorded in personal credit report. At present, China's credit record has been maintained for five years. After paying off the debt, anyone can start building a credit record again and start again.

Failure to return the bank credit card within the time limit may be suspected of credit card fraud.

If the amount of principal owed reaches more than 1 10,000 yuan, and it has not been returned for more than 3 months after being collected twice by the issuing bank, it should be considered as "malicious overdraft" in criminal law and suspected of credit card fraud. According to the law, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20,000 yuan but not more than 200,000 yuan.

If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Legal basis: Article 196 of the Criminal Law.

If one of the following circumstances constitutes the crime of credit card fraud or theft, and the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.