If the amount of credit card debt is more than 50,000 yuan and is not returned for more than 3 months after two collections by the card-issuing bank, it shall be deemed as a "malicious overdraft" and constitute the crime of credit card fraud.
Legal Analysis
Identification of malicious overdraft behavior: (1) Overdraft exceeding the prescribed limit, that is, exceeding the provisions of the credit card regulations or the overdraft allowed by the issuing bank. (2) Overdraft beyond the prescribed period, that is, the principal and interest are not repaid within the prescribed time. Generally speaking, malicious credit card overdraft behavior will leave a bad credit record in the card-issuing bank and affect the cardholder's personal credit. 2. Determination of the amount of malicious overdraft: The amount of "malicious overdraft" refers to the amount that has been refused to be returned and has not yet been returned, excluding late payment fees, compound interest and other fees charged by the card-issuing bank. 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. Anyone who steals a credit card and uses it should also be convicted and punished in accordance with relevant regulations.
Legal basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Under any of the following circumstances, credit card fraud activities involving relatively large amounts 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) Using a counterfeit credit card, or using a counterfeit credit card; or Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s credit cards; (4) Malicious overdrafts. 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.