Legal analysis: whether it constitutes a crime is uncertain and needs to be determined according to specific circumstances. If the overdue amount of a credit card is large (principal 10000 yuan or more) and overdue for more than three months, it belongs to the malicious overdraft of the credit card and constitutes the crime of credit card fraud. If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than 5 years 10 years. If all debts can be paid off in time before the judgment, criminal punishment may be mitigated or exempted.

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; 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.