Article 2 of the Interpretation of the Supreme People's Procuratorate and the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Credit Card Fraud Cases stipulates that if an individual uses a credit card to maliciously overdraw for the purpose of illegal possession, or knows that he is unable to repay, the amount of property is more than 5,000 yuan, and he evades tracing, or fails to repay after being urged by the bank for more than three months, he shall be investigated for criminal responsibility for fraud.
If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit.
Rule three. If the perpetrator's malicious overdraft constitutes a crime, and all overdraft interest has been returned before being prosecuted by the people's procuratorate, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility.