Current location - Trademark Inquiry Complete Network - Overdue credit card - Is it illegal to cash out credit cards?
Is it illegal to cash out credit cards?
it is illegal to cash out credit cards.

It is illegal to cash out credit cards. If there is malicious overdraft, it is likely to be suspected of credit card fraud. Whoever engages in credit card fraud, 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 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan.

Classification of credit card cashing behavior:

1. It is the cardholder's personal behavior. The cardholder plays the trick of "others spend their own cards", swiping other people's shopping accounts into his card to increase points, and at the same time, the shopper returns the cash to the cardholder, which is really killing two birds with one stone for the cardholder. Because many banks have launched value-added services while issuing credit cards, and carried out activities such as exchanging consumption points for gifts to stimulate people's enthusiasm for card processing and consumption;

2. The cardholder cooperates with the merchant or some "loan companies" and "intermediary companies", and the cardholder obtains cash by paying the merchant a handling fee. Generally, a merchant's POS machine is used to make false transactions, and the amount on the credit card is crossed away, and the merchant or "loan company" or "intermediary company" pays cash on the spot (paying the cardholder cash), and the handling fee paid by the cardholder to the merchant is lower than that of the bank;

3. Cardholders use the services of some websites or companies to get cash, such as "Alipay" or China Mobile's "online purchase of prepaid cards" service to get cash;

4. It is a small amount of cash free of charge. The method is that in some shopping malls or other places where you can spend by credit card, the cardholder will pay in cash when checking out, and the cashier will receive the cash first and then use his credit card to swipe out the corresponding consumption, so as to achieve the purpose of small cash.

to sum up, it is illegal to cash out credit cards. If there is malicious overdraft, it is likely to be suspected of credit card fraud. Whoever engages in credit card fraud, 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 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan.

Legal basis:

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

Credit card fraud is committed under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

(3) fraudulent use of another person's credit card;

(4) malicious overdraft.

the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.