Legal analysis: According to the second paragraph of Article 196 of the Criminal Law, the crime of credit card fraud refers to the behavior that the credit card holder exceeds the prescribed limit or overdraws within the prescribed time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. The essential difference between goodwill overdraft and malicious overdraft lies in the subjective difference of the actors. Both of them have caused overdraft objectively, but the doer of goodwill overdraft subjectively has the intention to use it first and then repay it, and then return the overdraft and interest, while the doer of malicious overdraft overdraws in order to keep the overdraft for himself, and he doesn't want to repay it at all or is unable to repay it, so as to evade the debt in behavior. Malicious overdraft of more than 5,000 yuan is "a large amount"; Malicious overdraft of more than 50 thousand yuan belongs to "huge amount"; Malicious overdraft of more than 200,000 yuan is a "particularly huge amount". To sum up, it depends on how much you overdraw. If the above amount is reached, it is necessary to cooperate with the bank to return the money as soon as possible.

Legal basis: Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances. 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 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 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 especially 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; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) malicious overdraft. The term "malicious overdraft" as 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.