Legal analysis: not necessarily. If it is a malicious overdraft for the purpose of illegal possession, which exceeds the prescribed limit or time limit and is still not returned after collection by the issuing bank, the issuing bank will hand over the clue to the public security department, and the public security department will file a criminal case. If it is not the above-mentioned malicious overdraft, it is a civil dispute and will not be criminally filed.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management should be regarded as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) knowing that there is no repayment ability, a large number of overdrafts cannot be returned;

(two) the overdraft funds have been squandered and cannot be returned;

(3) Escaping after overdraft, changing contact information and avoiding bank collection;

(4) Withdrawing or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for illegal and criminal activities;

(six) other illegal possession of funds and refused to return.