First, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management", which stipulates that:
1, malicious overdraft, the amount of which is more than 1 10,000 yuan but less than 1 10,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law;
2. If the amount is more than 654.38+10,000 yuan but less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law;
3. If the amount is more than 6,543,800 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.
Tip: The amount mentioned here refers to the overdraft amount, excluding interest, handling fee and late payment fee.
2. If the cardholder, for the purpose of illegal possession, exceeds the prescribed limit or overdraws within the prescribed time limit, and fails to return it for more than 3 months after being urged twice by the issuing bank, it shall be deemed as "malicious overdraft". Characterized in that:
1. Exceeds overdraft limit. Whether the overdraft limit exceeds the limit depends on whether the credit card account balance exceeds the limit;
2. Failing to repay the overdraft principal and interest within the prescribed time limit and continuing to overdraw;
3. Exceeding the license limit or overdue overdraft before obtaining the authorization of the issuing bank, including evading authorization, forging authorization and defrauding authorization;
4. The overdrafter subjectively has the intention of illegally occupying the card issuing funds.