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Is it illegal to use a POS machine to swipe credit cards?

It is generally not illegal to swipe credit cards at POS machines. But it is illegal to use POS machines to cash out. POS machine arbitrage is essentially an act of deceiving the bank, changing the consumer credit function of the credit card into a cash loan without authorization, making it impossible for the card issuer to determine the cardholder's normal credit status and the use of the credit card funds. Violate national regulations, use consumer terminals and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, they shall be convicted and punished for the crime of illegal business operations.

Pos machine cash out is essentially an act of deceiving the bank. The criminal suspect changed the credit function of the credit card into a cash loan without authorization, making it impossible for the card issuer to judge the cardholder's normal credit status and the use of the credit card. POS machine cover has now become the form of crime with the highest amount of bank card crime, and it is increasing year by year. This not only disrupts the country's financial order and brings huge risks to financial security, but also easily breeds underground financial activities and affects social stability. One of the reasons for the emergence of credit card arbitrage is that in 2009, major domestic banks rushed to expand their credit card business and did not pay enough attention to risk control in terms of procedures. To apply for a Pu Card at some banks, you only need to submit a copy of your ID card and a business card.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China_

Under any of the following circumstances, credit card Those who engage in fraudulent activities if the amount 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 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, they 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 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated: < /p>

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.