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经发卡银行两次催收后超过3个月仍不归还,是恶意透支型信用卡诈骗罪的客观要件之一。被告人在银行催收后归还了部分欠款,该部分还款行为并不影响银行对未归还部分欠款催收的效力,但银行对已归还的部分金额应从犯罪金额中予以扣除。
It is one of the objective elements of the crime of malicious overdraft credit card fraud after the issuing banks have not returned for more than 3 months after their collection twice. The defendant repaid part of the arrears after the collection by the bank. This part of the repayment behavior does not affect the bank’s effectiveness in recovering part of the arrears, but the part of the bank that has been returned should be deducted from the crime amount.