Legal analysis: If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank, it can be considered as malicious overdraft. Malicious overdraft of more than 1, yuan can constitute a crime of credit card fraud. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not yet returned, and does not include the fees charged by the issuing bank such as compound interest, late fees and handling fees. Therefore, when using credit cards, be careful not to touch the bottom line of the law.

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.