First of all, according to the criminal law, if the overdue credit card reaches more than 50,000 yuan, only if it meets the malicious overdraft will it constitute the crime of credit card fraud and will be punished.

Secondly, the conditions for malicious overdraft are:

1, for the purpose of illegal possession;

2. The overdraft exceeds the prescribed limit or time limit, and it is still not returned for more than three months after being effectively collected by the issuing bank twice.

The issuing bank illegally issues disguised loans in the form of credit card overdraft, which is not considered as malicious overdraft.

Finally, to judge whether the perpetrator "maliciously overdraws" for the purpose of illegal possession, we should comprehensively consider the cardholder's credit history, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, and the reasons for not repaying according to regulations.

legal ground

Article 196 of the Criminal Law Whoever commits credit card fraud under any of the following circumstances, if 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 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:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

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

(4) malicious overdraft.

The term "malicious overdraft" as 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.