A malicious overdraft of more than 24,000 yuan on a credit card constitutes a crime of credit card fraud and should bear criminal liability in accordance with the law.

The Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 The cardholder exceeds the prescribed limit or overdrafts within the prescribed period for the purpose of illegal possession, and If the card is not returned for more than three months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and escape after overdrafting Bank collection;

(4) Escape, transfer funds, conceal property, and evade repayment;

Sun Qian, Deputy Procurator-General of the Supreme People's Procuratorate, at a press conference

(5) Using overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan If the amount exceeds 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount exceeds 1 million yuan, it shall be deemed as an "especially 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 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.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. 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.