If the cardholder fails to repay the credit card debt in full and on time for the purpose of illegal possession, the contract dispute between the cardholder and the bank does not constitute a criminal offence, and the cardholder shall bear corresponding civil liabilities according to the contract signed with the bank.

When the malicious overdraft limit of a credit card reaches more than 5,000 yuan, the public security organ may file a case. Cardholders should not only bear criminal punishment, but also pay a large fine.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC), whoever commits credit card fraud in 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 and 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 10 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.