Legal analysis: If it is a malicious overdraft with the purpose of illegal possession, which exceeds the prescribed limit or time limit, and is not returned for more than three months after being effectively collected by the issuing bank twice, the bank will hand over the clue to the public security department. If the public security department files a criminal case, it will be punished as credit card fraud. If the amount is more than 5, yuan but less than 5, yuan, it will be sentenced to fixed-term imprisonment or criminal detention of not more than five years and fined not less than 2, yuan but not more than 2, yuan. If the amount is more than 5, yuan but less than 5 million yuan, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 1 years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is more than 5 million yuan, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of article 264 of this law.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management Article 6 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 two effective collections by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

for the purpose of illegal possession, we should make a judgment based on the credit history of the cardholder, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, the reasons for not repaying according to regulations and other circumstances. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations.

under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law, except that there is evidence to prove that the cardholder really does not have the purpose of illegal possession:

(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) evading bank collection by means of hiding or changing contact information after overdraft;

(4) Evading or transferring funds, concealing property and evading repayment;

(5) using overdrawn funds for criminal activities;

(6) other cases of illegal possession of funds and refusal to return them.

Article 8 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious overdraft is more than 5, yuan but less than 5, yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.