Legal analysis: You will not go to jail, but if you maliciously default on repayment, it may constitute a crime of credit card fraud. The bank can call the police to pursue criminal liability for credit card fraud. Malicious overdrafts should be investigated for criminal liability, but if all 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.

Legal basis: "Interpretations 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 The cardholder exceeds the prescribed limit or regulations for the purpose of illegal possession. If the card is overdrafted within the time limit and is still not returned for more than 3 months after being called upon twice by the card-issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.