Legal analysis: The amount of malicious credit card overdraft refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank. A malicious overdraft involving an amount of more than 10,000 yuan but less than 100,000 yuan shall be classified as "large amount" and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

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

If one of the following circumstances occurs and the amount of credit card fraud is relatively large, Whoever commits a crime 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 10 years, and shall also be fined 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, the sentence shall 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.