If the overdraft amount does not exceed the limit, but exceeds the above period and is not returned after being called by the card issuer, it constitutes a crime. The time limit for the perpetrator to return the money after collection is 3 months. If the perpetrator voluntarily returns the overdraft without collection or returns the overdraft after collection, it will not be treated as a crime, but it will constitute an improper overdraft and bear corresponding civil liability.The repayment subject of the overdraft is not limited to the cardholder, but also Also includes guarantors. The principle of handling non-return is that the cardholder himself refuses to return it. Therefore, if the card issuer directly collects the money from the cardholder but is refused, it can be deemed a crime, because when the cardholder refuses to return the card, the purpose of illegal possession can be presumed, which meets all the elements of the crime. As for the guarantor's repayment of the overdraft, it can be considered as a sentencing factor; if the card issuer directly collects the money from the guarantor and the guarantor returns it, the cardholder is not guilty of a crime; if the guarantor refuses to return it, but the cardholder does not know it , does not constitute a crime, but if the cardholder knows and refuses to return it, it constitutes a crime.

In determining the overdraft amount, it should be noted that in the criminal malicious overdraft exceeding the limit, the criminal overdraft amount refers to the entire overdraft amount, not the part exceeding the limit; the criminal overdraft amount refers to the overdraft amount itself, It does not include interest and penalties.