If a bank brings a lawsuit to the court for overdue credit card, which meets the circumstances of malicious overdraft of credit card, it will be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan but not more than 2, yuan will be imposed.

according to article 8 of the interpretation of several issues concerning the specific application of law in handling criminal cases of obstruction of credit card management? Malicious overdraft, the amount of which is more than 5, yuan but less than 5, yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5, yuan but less than 5 million yuan, it shall be deemed as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 5 million yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

Extended information:

Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and 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 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan;

if the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan or his property shall be confiscated:

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

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft 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.

The Supreme People's Procuratorate of China —— Explanations on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management