Legal analysis: If the overdraft exceeds the prescribed limit or the prescribed period for the purpose of illegal possession, and the card-issuing bank fails to return the overdraft for more than 3 months after two effective collections, the bank will The clues are handed over to the public security department. If the public security department files a criminal case, it will be punished according to the credit card fraud regulations. If the amount is more than 50,000 yuan and less than 500,000 yuan, the person 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 and 200,000 yuan. A fine of not less than RMB 500,000 but not more than RMB 5 million shall be imposed; if the amount is not less than RMB 500,000 but not more than RMB 5 million, 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 RMB 50,000 but not more than RMB 500,000; if the amount is not less than RMB 5 million, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years. The offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever commits credit card fraud in 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 a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, the person 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 if there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten 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 counterfeit credit card, or Using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use another person’s credit card;

(4) Malicious overdraft.

The term "malicious overdraft" as 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.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 If a cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, he shall If the issuing bank fails to return the card for more than three months after two effective collections, it shall be deemed as a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

For the purpose of illegal possession, the cardholder’s credit record, repayment ability and willingness, the status of applying for and overdrafting the credit card, the purpose of the overdraft funds, the performance after the overdraft, and failure to comply with regulations should be considered. The reasons for repayment and other circumstances shall be judged. The purpose of illegal possession shall not be determined solely based on the fact that the cardholder failed to repay the loan as required.

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, but there is evidence to prove that the cardholder does not possess illegal possession. Exceptions for purposes:

(1) Overdrafts that cannot be returned due to large amounts of money knowing that one has no ability to repay;

(2) Overdrafts that cannot be returned after applying for a credit card using false credit certificates ;

(3) After overdraft, evade bank collection by hiding, changing contact information, etc.;

(4) Escape, transfer funds, hide property, and avoid repayment;

(5) Using overdraft funds to carry out criminal activities;

(6) Other situations of illegally possessing funds and refusing to return them.

"Interpretation 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" Article 8 If a malicious overdraft occurs and the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed It is a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan and 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 exceeds 5 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.