1. The judicial interpretation stipulates that criminal responsibility should be investigated for malicious overdraft, but if the overdraft interest has been fully repaid after the public security organ files the case and before the people's court makes a judgment announcement, it can be given a lighter punishment. If the circumstances are minor, it can be exempted from punishment. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Second, according to the above provisions, combined with the situation you mentioned, criminal responsibility will be investigated, but it can be given a lighter punishment.