The credit card is not considered a malicious overdraft and is suspected of credit card fraud.

The so-called malicious overdraft, according to the second paragraph of Article 196 of the "Criminal Law", means that the cardholder overdrafts beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and has been collected by the card-issuing bank. The act of not returning it.

According to the 1996 "Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Fraud Cases" issued by the Supreme People's Court, a large amount of personal fraud refers to more than 5,000 yuan. Therefore, malicious overdraft of more than 5,000 yuan on a credit card constitutes a crime.

Case: The Xicheng District Court of Beijing heard a case of non-repayment of credit card overdrafts. Cardholder Wang failed to repay overdrafts overdue. His behavior constituted the crime of credit card fraud. The first instance sentenced Wang to 6 fixed-term imprisonment. 1 year suspended sentence.

In August 2006, 22-year-old Beijing citizen Wang applied for a credit card at the bank. In the following two months, Wang used his credit card to spend many times in Beijing Electrical Appliance City, resulting in a total overdraft of more than 5,100 yuan. When Wang was about to repay the loan, he suddenly lost his job. "At that time, I just felt that it was no big deal to overdraw my credit card. I would pay it back when I got a job and had money on hand." Wang said during the court trial. It is with this mentality that Wang ignored the bank's subsequent calls for payment. In desperation, the bank reported the case to the police. The police arrested Wang on suspicion of credit card fraud and was sentenced to six months in prison with one year of probation.