Legal analysis: 1. Malicious overdrafts are only punishable by law. To put it simply, for the purpose of "illegal possession", after overdue repayment occurs, after two "effective collections" by the bank, three months But still didn't pay it back. ; 2. Only those with overdrafts of more than 50,000 yuan will be jailed. There are three situations of malicious overdrafts, including large amounts, huge amounts and extremely huge amounts! According to the latest judicial interpretation, the situation where the amount is relatively large (can be sentenced to less than 5 years or criminal detention) refers to a malicious overdraft of 50,000 to 500,000 yuan, and it is the principal, excluding penalty interest, etc., while the original amount was 10,000 to 100,000 yuan. This is also the reason why the threshold for criminal offenses has been raised according to the Two Minute Finance Theory. As for the huge amount (can be sentenced to 5-10 years), it was originally 100,000-1 million yuan, and the latest is 500,000-5 million yuan, and the amount is particularly huge (can be sentenced to more than 10 years or indefinitely), it is more than 5 million yuan.

Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 6 Cardholders exceed the prescribed limit or prescribed period for the purpose of illegal possession An overdraft that remains unrepaid for more than three months after being called upon twice by the card-issuing bank shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

Those who fall under any of the following circumstances shall be deemed as “illegal possession for the purpose” as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not returning the property A large amount of overdraft cannot be repaid due to lack of ability to pay;

(2) Wanton squandering of overdraft funds that cannot be returned;

(3) Escape after overdraft, change contact information to avoid bank collection;

(4) Escape or transfer funds to hide property and avoid repayment