If it is a normal bank loan of 40,000 yuan, even if it is overdue, it is only a civil dispute; if it is a credit card loan, if it is overdue, it will not be paid for more than 3 months after two calls by the card-issuing bank. If the credit card is returned, the person suspected of credit card fraud 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 all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces the judgment, he may be fined from The punishment is light and the punishment may be exempted if the circumstances are minor. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law. 1. Criminal Law Article 196: [Credit Card Fraud]

Whoever commits credit card fraud in any of the following circumstances and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be sentenced to: A fine of 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other special circumstances If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have property confiscated: (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. 2. Article 6 of the "Interpretation of Several Issues Concerning the Specific Application of Laws in the Handling of Criminal Cases Obstructing the Management of Credit Cards" by the two high authorities

1. The cardholder exceeds the prescribed limit or overdraws within the prescribed period for the purpose of illegal possession, and If the card is not returned for more than three months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

2. Any one of the following circumstances shall be deemed as “illegal possession for the purpose” as stipulated in paragraph 2 of Article 196 of the Criminal Law:

(1) Knowing that one has no ability to repay and making a large overdraft that cannot be returned;

(2) squandering the overdraft funds wantonly and cannot return them;

(3) escaping or changing contact information after overdrafting , evading bank collection;

(4) evading or transferring funds, hiding property, and evading repayment;

(5) using overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

3. Malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "larger amount" stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 100,000 yuan, If the amount is 1 million yuan, it shall be deemed as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

4. The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not yet been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

5. Malicious overdrafts should be investigated for criminal liability. However, if all overdrafts and interests have been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment. If the circumstances are minor, the penalty may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.