Malicious withdrawal by taking advantage of ATM machine failure refers to the illegal occupation of bank funds by the legitimate credit card holder or the person authorized by the cardholder, knowing the technical failure of the bank ATM machine. This behavior has five characteristics, namely, the authenticity of the credit card, the legitimacy of the subject, the fault of the bank, the formal legitimacy of the behavior and subjective malice. Theft should be regarded as malicious withdrawal by ATM machine failure, not credit card fraud or misappropriation of public funds.