2. If the amount owed reaches 1 10,000 yuan or more, and it has not been returned for more than 3 months after being collected twice by the issuing bank, it shall be deemed as "malicious overdraft" in criminal law and suspected of credit card fraud.
Legal basis: Article 196 of China's Criminal Law and relevant judicial interpretations stipulate that if a credit card holder overdraws for the purpose of illegal possession and refuses to return it after being urged by the issuing bank, it is a malicious overdraft. If the amount is more than 5000 yuan, it constitutes the crime of credit card fraud.
Extended data:
The constitutive elements of the crime of credit card fraud are as follows:
1. The object of this crime is the credit card management system and the ownership of public and private property.
If the overdraft amount is large, it constitutes the crime of credit card fraud.
2. The objective aspect of this crime is the behavior of the actor using fictional facts or concealing the truth to defraud public and private property by credit card.
3. The subject of this crime is a general subject, and a natural person can be the subject of this crime.
4. The subjective aspect of this crime is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime. What needs to be pointed out here is that in all kinds of behaviors of credit card fraud, the perpetrators have different criminal intentions because of their different behaviors. For example, if a fraudulent crime is committed by using a forged credit card or an invalid credit card, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise it cannot constitute this crime. In the case of credit card overdraft, the distinction between goodwill overdraft and malicious overdraft should also be analyzed from the intentional content of the actor. If the perpetrator intentionally occupies other people's property, it is a malicious overdraft, and vice versa.
References:
Baidu encyclopedia-credit card fraud