According to Article 7 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management:

In violation of state regulations, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of point-of-sale terminal equipment (POS machines).

If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. The amount of the act mentioned in the preceding paragraph is more than 6,543,800 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan.

Or causing financial institutions economic losses of more than 654.38+10,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; The amount is more than 5 million yuan.

Or it causes the financial institution's funds of more than 6,543,800 yuan to be overdue, or it causes the financial institution's economic loss of more than 500,000 yuan, which shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.

If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Extended data:

According to article 225th of the Criminal Law of People's Republic of China (PRC):

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income.

If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property.

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted 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 by laws and administrative regulations; ?

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; ?

(four) other illegal business activities that seriously disrupt the market order.

According to Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management:

If the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it for more than 3 months after being twice collected by the issuing bank, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

In any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196th of the Criminal Law:

(a) knowing that there is no repayment ability and a large amount of overdraft can not be returned;

(two) squandering overdraft funds, unable to return;

(3) Escaping after overdraft, changing contact information and avoiding bank collection;

(4) evading or transferring funds, concealing property or evading repayment;

(five) the use of overdraft funds for illegal and criminal activities;

(six) other acts of illegal possession of funds and refusal to return them.

Malicious overdraft, the amount of which is more than 6,543.8+0,000 yuan but less than 6,543.8+0,000 yuan, shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; The amount is more than 65438+ ten thousand yuan and less than 1 ten thousand yuan.

It should be recognized as "a huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or has not returned under the conditions stipulated in the first paragraph. Does not include compound interest, late fees, handling fees and other fees charged by the issuing bank.

Criminal responsibility should be investigated for malicious overdraft, but if the overdraft interest has been fully repaid after the public security organ files the case and before the people's court announces the judgment, it can be given a lighter punishment.

If the circumstances are minor, punishment may be exempted. If the amount of malicious overdraft is large, and all overdraft interest has been repaid before the public security organ files a case, and the circumstances are obviously minor, criminal responsibility may not be investigated according to law.

Baidu Encyclopedia-the Supreme People's Court and the Supreme People's Procuratorate on handling credit card management