Malicious overdraft of credit card constitutes credit card fraud. There are four forms of credit card fraud: (1) using forged credit cards or using false identification to defraud credit cards; (2) Using an invalid credit card; (3) fraudulently using another person's credit card; (4) malicious overdraft. Credit card overdraft is divided into goodwill overdraft and malicious overdraft. Goodwill overdraft refers to the cardholder's timely repayment of overdraft and interest within the specified time. Malicious overdraft 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. According to China's "Measures for the Management of Credit Card Business", the overdraft limit for gold cards is 10000 yuan, while that for ordinary cards is 5000 yuan, and the longest overdraft period is 60 days. To constitute the crime of credit card fraud, you must have the elements of "bank collection", and if the bank does not return it after collection, it constitutes a malicious overdraft. Article 196 of China's criminal law stipulates: "In any of the following circumstances, if the amount of credit card fraud is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; 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 particularly 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 his property shall be confiscated: (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. "