Will I be sentenced for cashing out a credit card?
Yes. If a cardholder uses a malicious overdraft method for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card crimes in accordance with the provisions of Article 196 of the Criminal Law. Those who cash out on credit cards with larger amounts will be sentenced to more than five years; if the perpetrator of the credit card cash out can repay, he can be exempted from criminal liability and will not be sentenced. (1) Whoever conducts credit card activities with a large amount shall be sentenced to 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; (2) If the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years or ten years. or less than 50,000 yuan and a fine of not less than 50,000 yuan but not more than 500,000 yuan; (3) If the amount is particularly huge or there are other particularly serious circumstances, the sentence is not less than ten years or, in addition, a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. .
Legal Basis
Article 196 of the "Criminal Law"
(1) Whoever conducts credit card activities and the amount is large shall be sentenced to not more than five years or Criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; (2) If the amount is huge or there are other serious circumstances, the sentence is not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; (3) ) If the amount is extremely huge or there are other particularly serious circumstances, he or she shall be sentenced to not less than ten years or, in addition, to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or having property confiscated.
Is it illegal to use credit cards, and will you be sentenced?
Legal analysis: Cashing out on credit cards is generally illegal, and you may be jailed. According to relevant laws and regulations, if you violate national regulations, If point-of-sale terminals (POS machines) and other methods are used to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc., and the circumstances are serious, the provisions of Article 225 of the Criminal Law shall be followed. Convicted and punished for illegal business operations.
Legal basis: Article 225 of the Criminal Law of the People's Republic of China and the People's Republic of China. Whoever violates national regulations and commits one of the following illegal business activities, disrupts market order, and if the circumstances are serious, shall be sentenced to five years or criminal detention, and concurrently or solely with a fine of not less than one time and not more than five times the illegal income; if the circumstances are particularly serious, the sentence is not less than five years, and concurrently fined not less than one time but not more than five times the illegal income, or property confiscation:
(1) Operating special items, monopoly items or other restricted items as prescribed by laws and administrative regulations without permission;
(2) Buying and selling import and export licenses, import and export certificates of origin and other legal , business licenses or approval documents stipulated in administrative regulations;
(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal fund payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.
Is it illegal to use credit cards?
It is illegal to use credit cards. Violate national regulations, use point-of-sale terminals (pos machines) 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. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession, he shall be held criminally responsible and shall be convicted and punished as a credit card crime.
The dangers of using credit cards to cash out:
1. Cashing out with credit cards is an illegal act. If the cardholder commits the act of cashing out a credit card, it will be recorded in his or her personal credit report. If the situation is In serious cases, legal liability may also be involved. The behavior of using credit cards to cash out will be entered into the cardholder's personal credit report, which will affect the cardholder's future business operations such as loans or credit cards. However, it must be noted that cashing out is illegal. Cashing out a credit card will cause losses to the bank. If it is a small amount, the bank may not investigate it, but if it is a large amount, the bank is likely to.
2. Cashing out with a credit card is an illegal act, but withdrawing cash with a credit card is a legal act. The reason why some people take risks and cash out instead of withdrawing cash is to avoid all kinds of problems with withdrawing cash. kind of expenses.
The general handling fee of machines on the market is above 0.6. The handling fees for cash withdrawals vary from bank to bank. The general amount is between 1 and 5. Secondly, there will be interest after withdrawing cash.
3. Cashing out of credit cards will also be suspected of illegally granting loans and operating beyond the scope, disrupting the normal financial order.
4. In addition, cashing out on credit cards can easily induce credit card behavior, causing innocent people to suffer losses. Some individuals even have their identities used by others to apply for credit cards without even knowing it.
A set of credit cards generally refers to two or more credit cards. Generally, in addition to the RMB credit card, there is also a matching credit card with an exclusive limit, or several types of credit cards launched by banks. Different types of credit cards are processed together, and these cards can be used in combination. After applying for a set of cards, some banks can repay the set of cards together, but some banks still require each credit card to be repaid separately, so you must pay special attention when repaying.
This is the end of the introduction to what happens when you use a credit card card.