The cardholder does not withdraw cash through normal legal procedures (ATM or counter), but withdraws the funds in the credit line of the card in cash by other means, and does not pay the bank withdrawal fee at the same time, which belongs to credit card cashing. Credit card cashing is not only illegal, but also seriously affects personal credit records, which is not worth the candle. In addition, if the credit card reaches a certain amount, it may constitute a crime and be subject to criminal punishment. If I use the method of cashing in a credit card to achieve the purpose of malicious overdraft, and the malicious overdraft credit card is convicted of credit card fraud, then the conviction of cashing in a credit card should be analyzed in detail, and not all credit card cashing behaviors will be sentenced. Cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of point-of-sale terminals (POS machines). If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation according to relevant laws and regulations.

legal ground

Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud 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 20,000 yuan but not more than 200,000 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 50,000 yuan but not more than 500,000 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 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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 term "malicious overdraft" as 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.