Being in default on a credit card is not necessarily a crime. Only credit card fraud can constitute the crime of credit card fraud. If a person is suspected of a crime and surrenders, he should be given a lighter punishment or be exempted from punishment. \x0d\If a credit card is maliciously overdrawn by more than 10,000 yuan, and the cardholder uses it for illegal possession, and if the card-issuing bank fails to return it for more than 3 months after two collections by the card-issuing bank, he will be held criminally responsible for credit card fraud. \x0d\ Legal basis: \x0d\1. The crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, in violation of credit card management regulations, and to defraud a large amount of property. The use of credit cards generally refers to the use of counterfeit or invalid credit cards or fraudulent use of other people's credit cards or malicious overdrafts to conduct fraudulent activities. The crime of credit card fraud is a type of fraud crime. The relationship between this crime and the crime of fraud is special law and general law. Credit card is a criminal tool in this crime. If the perpetrator uses the credit card as a criminal tool to carry out fraudulent activities, he shall be punished according to the special law. Superior to the principle of general law, the crime should be convicted and punished. \x0d\2. Article 196 of the "Criminal Law": Whoever commits credit card fraud under any of the following circumstances and 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 less than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is extremely 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 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to a fixed-term imprisonment of not less than five years but not more than 10 years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: \x0d\ (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; \x0d\ ( 2) Using an expired credit card; \x0d\ (3) Pretending to use another person’s credit card; \x0d\ (4) Malicious overdraft. \x0d\The so-called malicious overdraft 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. \x0d\3. "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" \x0d\Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession. , and if the card is still not returned more than 3 months after being called upon twice by the issuing bank, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law. \x0d\If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law: \x0d\ (1) Overdrawing a large amount of money while knowing that there is no ability to repay, and unable to Returned; \x0d\ (2) Wanton squandering of overdraft funds that cannot be returned; \x0d\ (3) Escape, change contact information, and evade bank collection after overdraft; \x0d\ (4) Escape, transfer funds, and concealment Property and evading repayment; \x0d\ (5) Using overdraft funds to carry out illegal and criminal activities; \x0d\ (6) Other behaviors of illegally possessing funds and refusing to return them. \x0d\ If the amount of a malicious overdraft is more than 10,000 yuan but less than 100,000 yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan, it shall be It shall be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. \x0d\The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. \x0d\ Malicious overdrafts should be investigated for criminal liability, but if all the overdrafts and interests have been repaid after the public security organ files the case and before the People's Court's judgment is pronounced, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.