1. How to convict credit card cash out
1. The basis for conviction of credit card cash out is the crime of illegal business operations. Violate national regulations, use point-of-sale 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 will be convicted of illegal business operations. If the cash-out amount is more than 1 million yuan, or if the financial institution's funds are overdue for more than 200,000 yuan, or if the financial institution's economic loss is more than 100,000 yuan, the circumstances are serious.
2. Legal basis: Article 225 of the "Criminal Law of the People's Republic of China"
The crime of illegal business violates national regulations and involves one of the following illegal business behaviors , who disrupts market order and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, shall be sentenced to fixed-term imprisonment of not less than five years and not more than five times the illegal income. A fine of not less than three times but not more than five times or confiscation of property:
(1) Operating franchises, 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 business licenses or approval documents stipulated in laws and administrative regulations;
(3) Illegal operations of securities, Futures and insurance business, or illegally engaging in fund payment and settlement business;
(4) Other illegal business activities that seriously disrupt market order.
2. What behaviors constitute the crime of obstructing credit card management
The following behaviors constitute the crime of obstructing credit card management:
1. Knowingly holding and transporting a counterfeit credit card or knowingly holds and transports counterfeit blank credit cards in large quantities;
2. Illegal possession of other people’s credit cards in large quantities;
3. Use Using false identity certificates to fraudulently obtain credit cards;
4. Selling, buying, or providing others with forged credit cards or fraudulently obtaining credit cards with false identity documents.