2. If the overdraft amount reaches more than 654.38+00000 yuan, and the card issuing bank fails to return it for more than 3 months, it constitutes the crime of credit card fraud and will be investigated for criminal responsibility.
Legal basis:
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes the crime of credit card fraud. If the amount is relatively large, he 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 but not more than 200,000 yuan, or if there are other serious circumstances, he 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, or if there are other particularly serious circumstances.
(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate.
(2) using an invalid credit card
(3) fraudulently using another person's credit card.
(4) malicious overdraft.
If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.