The relevant judicial interpretations in the Supreme People's Court and the Supreme People's Procuratorate have clearly defined the conditions under which "malicious overdraft" of credit cards constitutes a crime, and related issues concerning the determination and punishment of "malicious overdraft" have defined "for the purpose of illegal possession" to distinguish it from the act of overdraft in good faith. According to the Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management, if a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft". 1. Two restrictions have been added to the "malicious overdraft": one is the two collections of the issuing bank; Second, it has not been returned for more than three months. This excludes the behavior of not returning on time because of not receiving the bank's dunning notice or other dunning documents. If the cardholder fails to return after a certain period of time, it does not belong to "malicious overdraft". 2. The crime of malicious overdraft credit card fraud is a deliberate crime, so it has the purpose of illegal possession subjectively, which is a very important constituent element of this behavior. "Illegal possession" is a main boundary to distinguish between "malicious overdraft" and "goodwill overdraft". Only those who overdraw for the purpose of illegal possession belong to "malicious overdraft" and constitute a crime. Article 196 of the Criminal Law of the People's Republic of China commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with a false identity card; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft.