The conditions for identifying malicious overdrafts are as follows:

1. Overdraft exceeding the prescribed limit, that is, exceeding the provisions of the credit card regulations or the overdraft allowed by the issuing bank;

2. Overdraft beyond the specified period means that the principal and interest are not repaid within the specified time. Generally speaking, malicious credit card overdraft behavior will leave a bad credit record in the card-issuing bank and affect the cardholder's personal credit.

The types of malicious overdrafts are as follows:

1. Frequent overdrafts. Cardholders repeatedly withdraw cash from credit card business outlets that are very close to each other at a very high frequency, accumulating a small amount of money and occupying a large amount of cash in the bank in a short period of time;

2. Multiple card overdrafts. The cardholder applies to multiple banks and opens multiple accounts. The cardholder repays the old overdraft and has multiple debts, resulting in the inability to repay;

3. Overdraft in another place. The communication equipment used by cardholders in my country is still underdeveloped, information on cash withdrawals from other places cannot be summarized in time, and emergency stop payment notices are difficult to be delivered in time. They commit crimes across the country and overdraft wantonly;

4. Collusion with each other in overdrafts . First, cardholders cross each other and provide chain guarantees, applying for credit cards at different banks for overdrafts. The second is that cardholders and staff of special merchants collude with each other to obtain bank funds through fake purchases and other methods. The third is that cardholders collude with bank employees internally and externally to use credit card overdrafts.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ credit cards;

(4) Malicious overdrafts.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.