The "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" promulgated by the Supreme People's Court and the Supreme People's Procuratorate clarified that "malicious overdraft" is a criminal act of credit card fraud, and "malicious overdraft" is a criminal act against credit cards. The conditions for "overdraft" to constitute a crime are clearly stipulated. The judicial interpretation adds two restrictions to "malicious overdraft": first, two collections from the issuing bank; second, failure to return the card for more than three months. This excludes the failure to return the payment on time because the bank has not received a reminder notice or other reminder documents. If the cardholder does not receive relevant notices or documents and fails to return them after a certain period of time, it is not considered a "malicious overdraft". The credit card fraud crime of "malicious overdraft" is a deliberate crime, so it has the subjective purpose of illegal possession. "Illegal possession" is a major distinction between "malicious overdraft" and "bona fide overdraft". Only overdrafts "for the purpose of illegal possession" are considered "malicious overdrafts" and constitute a crime. "Purpose of illegal possession" includes (1) overdrafting a large amount of money knowing that one has no ability to repay and cannot return it; (2) squandering overdraft funds wantonly and cannot return them; (3) escaping after overdraft, changing contact information, and evading the bank Collection; (4) Escape and transfer funds, conceal property, and evade repayment; (5) Use overdraft funds to carry out illegal and criminal activities; (6) Other behaviors of illegally possessing funds and refusing to return them. The judicial interpretation clarifies that the amount of "malicious 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. In terms of amount, a "malicious overdraft" of more than 10,000 yuan but less than 100,000 yuan is considered a "large amount"; a "malicious overdraft" of 100,000 yuan to 1 million yuan is considered a "huge amount"; a "malicious overdraft" of more than 1 million yuan is considered a "huge amount". The amount is extremely huge." According to the criminal policy of balancing leniency with severity, malicious overdrafts should be investigated for criminal liability. However, if all the overdrafts and interests have been repaid after the public security organ files the case and before the people's court makes a judgment, they may be given a lighter punishment. If the circumstances are minor, they may be exempted from punishment. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. In this way, those fraudulent behaviors of "malicious overdraft" will be investigated in accordance with the law, and at the same time, the warning and educational role of the law will be brought into play, and the scope of criminal attacks will be reduced as much as possible. In addition, the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" clarifies that the use of point-of-sale terminals (POS machines) and other methods to cash out credit cards, if the circumstances are serious, will be convicted and punished as the crime of illegal business operations.