First of all, we need to understand what are the common malicious credit card overdraft behaviors? 1. The overdraft limit is exceeded. Whether the overdraft limit is exceeded depends on whether the balance of the credit card account exceeds the limit; 2. The principal and interest of the overdraft are not repaid within the prescribed period and the overdraft continues; 3. The overdraft is not obtained before the limit or overdue overdraft is exceeded. The permission authorized by the card issuing bank includes situations such as evading authorization, forging authorization, and defrauding authorization; 4. The person who overdrafts has the subjective intention to illegally occupy the funds of the issuing card.
Malicious overdraft The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank. Malicious overdrafts should be investigated for criminal liability, but 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.
Legal Basis: Article 196 of the Criminal Law: Credit card fraud and theft fall under any of the following circumstances. If the amount of credit card fraud is relatively large, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention. , and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or 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; if the amount is particularly huge or If there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) Using a forged credit card, or using a false identity certificate to fraudulently obtain money (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft.