Legal analysis: 1. If the amount owed reaches more than 10,000 and is not returned for more than 3 months after being called upon twice by the card-issuing bank, it should be deemed a "malicious overdraft" under the criminal law and suspected of being a credit card. Crime of Fraud 2. The amount of malicious overdraft is relatively large, and all the overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. The crime of credit card fraud and theft falls under any of the following circumstances. If the amount of credit card fraud is relatively large, the person shall be punished. Whoever commits a crime 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; 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. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) If a counterfeit credit card is used; (1) If a counterfeit credit card is used; 2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.