The point is not whether you have money, but the lack of repayment.

It is not necessarily a criminal offense to pay off a credit card debt.

According to the "Criminal Law", malicious overdraft refers to the behavior of a credit card holder who exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession and fails to return the credit card after being called by the card-issuing bank.

Therefore, only when the cardholder meets the following circumstances at the same time, will it constitute a crime of credit card fraud and bear corresponding criminal liability:

1. For the purpose of illegal possession. In judicial practice, if a cardholder commits the following acts, it can be determined that the cardholder has the purpose of illegal possession: (1) Overdrafting a large amount of money while knowing that he has no ability to repay, and cannot return it; (2) Wantlessly squandering the overdraft funds, and cannot return it; (3) ) Escape after overdraft, change contact information, and avoid bank collection; (4) Escape and transfer funds, hide property, and evade repayment; (5) Use overdraft funds to carry out illegal and criminal activities; (6) Other illegal possession of funds , the act of refusing to return.

2. Exceeding the prescribed limit or overdraft within the prescribed period. It means that the overdraft amount exceeds the limit stipulated by the credit card or the overdraft period exceeds the repayment period stipulated by the credit card.

3. The card will not be returned even after being called upon by the issuing bank. It means that the cardholder still fails to return the money within 3 months from the date of receiving two collection notices from the card-issuing bank.

4. The amount is relatively large. It refers to an overdraft amount of more than 10,000 yuan.

If the cardholder does not meet the above conditions, it is an ordinary civil dispute and does not require criminal liability.

Article 196: 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 more than 200,000 yuan. fine; 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 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 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; 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:

According to the provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the filing and prosecution standards for criminal cases under the jurisdiction of the public security organs (2) 》Article 54 stipulates that anyone who engages in credit card fraud and is suspected of one of the following circumstances shall be prosecuted:

(1) Using a forged credit card, or using a false identity certificate to fraudulently obtain the credit card. Credit cards, or using invalid credit cards, or falsely using other people's credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.

The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. .

If there is a malicious overdraft, the amount is more than 10,000 yuan but less than 100,000 yuan, and all the overdraft interest has been repaid before the public security organ files the case, and if the circumstances are obviously minor, criminal liability may not be pursued according to law.