If the credit card is still not returned three months after the bank has effectively collected it twice, it belongs to malicious overdraft and may constitute the crime of credit card fraud. If the amount involved is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan. In addition, bad records will be left on the personal credit report and will be retained for 5 years.
 [Legal Basis]
 Article 196 of the Criminal Law, anyone who commits credit card fraud in any of the following circumstances, if the amount involved is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property:
 （1） Using a forged credit card, or using a credit card obtained by fraud with a false identity certificate;
 （2） Using an invalid credit card;
 （3） Using another person's credit card;
 （4） Malicious overdraft.