According to the law, if the credit card overdraft amount is more than 1000 yuan, and it is not paid back for more than three months after being collected by the bank twice, it can constitute the crime of credit card fraud, and criminal responsibility shall be investigated according to law.

Judicial Interpretation of the Supreme Court on Credit Card Crimes Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and fails to return it for more than three months after repeated collection by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

Malicious overdraft should be investigated for criminal responsibility. However, if all the overdraft interest has been repaid after the public security organ files the case but before the announcement of the judgment of the people's court, the punishment may be given a lighter punishment, and if the circumstances are minor, the punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Extended data:

Case: Rong handled a credit card in a bank on 20 12 165438. From February 20 14 to February 2, 2065 438+06 10, Rongmou overdrawn the principal by more than 347,000 yuan, and failed to repay it in full. On May 25th, 2007, when the credit card was suspended and the public security organ filed a criminal case, Rongmou repaid a total of 4,4471yuan.

2065438+June 2007, after being detained in criminal detention, Rongmou repaid the overdraft principal and interest totaling 485,000 yuan, and then obtained the understanding of the injured unit. The court of first instance sentenced the defendant Rong to five years in prison and fined him 65,438+10,000 yuan. Rong refused to accept the appeal.

After trial, Lu 'an Intermediate People's Court held that Rongmou maliciously overdrawn a credit card of more than 302,000 yuan, which was a large amount, and his behavior constituted the crime of credit card fraud.

Rong confessed his crime truthfully after arriving at the case, and immediately repaid all the principal and interest after arriving at the case, and obtained the understanding of the injured unit. The circumstances of the crime are minor. According to the provisions of Article 10 of the Decision, "if the amount of malicious overdraft is large, it shall be returned before prosecution, or if there are other minor circumstances, prosecution may not be initiated.

If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment, and Rong may be exempted from criminal punishment.

China Court Network: The defendant was exempted from criminal punishment in the first instance of Lu 'an Intermediate People's Court.