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 urged twice by the issuing bank, it shall be deemed as "malicious overdraft". First, the judicial interpretation has added two restrictions to "malicious overdraft": first, it has been collected twice by the issuing bank; Second, it is not returned for more than three months. Therefore, the behavior of not returning on time because of not receiving the bank dunning notice or other dunning documents is ruled out. Second, the crime of credit card fraud must have the purpose of illegal possession subjectively. Illegal possession is the boundary between malicious overdraft and goodwill overdraft. Only the overdraft for the purpose of illegal possession belongs to "malicious overdraft" and constitutes a crime. Third, the amount of "malicious overdraft" refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.