Credit card cashing behavior can be divided into two categories according to the differences of participants' specific behaviors: one is the participants who hold credit cards, including those who apply for credit cards with real identities and participate in cashing, those who apply for credit cards with false identities and those who use forged credit cards and use them for cashing; The other category is people other than participants who hold credit cards, including those who set up POS machines to help cash in their cards, and those who set up network business channels to help credit card holders make false remittances or make false transactions. In addition to the above two types of participants, there may be other people who help others, including those who illegally obtain other people's identity information and use it to handle credit cards, those who illegally obtain other people's credit card information and use it to forge credit cards, and those who illegally forge credit cards. Through the analysis of the related crimes that may be involved in the credit card cashing behavior, there are mainly the following situations that need attention. 1. Regarding whether it constitutes a crime for an actor to apply for a credit card in his true identity and participate in cashing, the key to handling is to judge whether the actor has the objective of illegal possession subjectively, whether there is malicious overdraft objectively, and whether it has caused great losses to the issuing bank in the end. (1) If the actor applies for a credit card in real identity and cashes in, and can repay the cashed-in amount before the due repayment date stipulated by the issuing bank, it should not be considered as having the purpose of illegal possession, so it does not constitute the crime of credit card fraud. (2) If the actor cashes in for relatives and friends with his own knowledge or participation, it should not be considered as a general criminal act because it has no subjective purpose of illegal possession and no serious consequences objectively, and it belongs to mutual assistance between relatives and friends; (3) If the cardholder uses false consumption and other means to implement condom use, which objectively damages the interests of the card-issuing bank and causes serious consequences, the card-issuing bank may investigate its civil liability according to the agreement with the cardholder. (4) If the actor applies for a credit card in his true identity and cashes in the credit card, and cannot repay the cashed amount before the due repayment date stipulated by the issuing bank, it is necessary to determine whether the actor has the crime of credit card fraud or the crime of defrauding loans by determining whether the actor has the purpose of illegal possession subjectively, whether he has malicious overdraft objectively, and whether he has caused heavy losses in the consequences; (5) If the perpetrator cashes in a small amount through online remittance, and the cash amount is small and the harm is not great, it should generally not be considered as a criminal act in criminal law; (6) Whether the actor uses the online third-party payment platform to buy or sell or collude with others to cash out is similar to the way of using fake POS machines to cash out, whether it constitutes the crime of credit card fraud or defrauding loans is judged from whether the actor subjectively has the purpose of illegal possession, objectively whether there is malicious overdraft behavior and whether it causes great losses. 2. Whether it is a crime for the actor to apply for a credit card with a false identity and participate in cash withdrawal or cash withdrawal with a forged credit card. (1) The act of applying for a credit card with a false identity is one of the objective manifestations of the crime of obstructing credit card management stipulated in Article 177 of the Criminal Law. At the same time, the act of applying for a credit card with a false identity and participating in cash withdrawal belongs to the crime of credit card fraud stipulated in Article 196 of the Criminal Law, and there is a correlation between them. (2) The act of using a forged credit card and cashing it out belongs to "using a forged credit card" in the crime of credit card fraud stipulated in Article 196 of the Criminal Law, which objectively meets the requirements of the constitution of the crime. It should be pointed out that in the process of applying for a credit card with a false identity and participating in cashing out, or in the process of using a forged credit card and cashing out, it is also necessary for the perpetrator to have the purpose of illegal possession to determine that the perpetrator constitutes a crime. (3) If the actor applies for a credit card under a false identity and participates in cash withdrawal or uses a forged credit card for the purpose of defrauding credit card cash withdrawal funds and using them instead of illegally possessing them, and at the same time causing heavy losses to banks or other financial institutions or other serious circumstances, it may constitute the crime of defrauding loans as stipulated in Article 175-1 of the Criminal Law. 3. Whether it constitutes a crime to use POS machines to assist credit card cashing or open network operation channels to assist credit card holders in making false remittances or cashing false transactions. The use of POS machines to assist credit card cashing or to set up network business channels to assist credit card holders in making false remittances or buying and selling cash is essentially to benefit from the preferential treatment given to credit card holders as stipulated in the current Measures for the Administration of Bank Card Business. The process of this actor's participation in credit card cashing mainly includes the following situations: (1) Using POS machines to assist credit card cashing or setting up network business channels to assist credit card holders in making false remittances or buying and selling cash is carried out at the request of credit card holders, and only a small amount of reasonable handling fees are charged. The auxiliary cash-out business is not the main business. This behavior should not be regarded as a crime, but an illegal act that violates the Measures for the Administration of Bank Card Business and should be rectified. (2) Using POS machines to assist credit card cashing or setting up network operation channels to assist credit card holders to make false remittances or make false business cashing is an act of the actor actively planning operations, threatening, luring and deceiving credit card holders during the cashing process, and charging high handling fees after the cashing process is completed. If setting up a POS machine or setting up a network operation channel is mainly used for cashing out, it should be considered as a criminal act with great harm. Within the framework of the current criminal law, according to the provisions of Article 225 of China's criminal law, the act of using POS machines to assist credit card cashing or setting up online business channels to assist credit card holders in making false remittances or making false cash transactions should be recognized as "illegal fund payment and settlement business" as stipulated in Item (3) of this article. Because it essentially provides bank card-related services, because it does not have a business license of a financial institution, it should be regarded as illegal business, which objectively harms the interests of the issuing bank and endangers the financial order. Legal basis: 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 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. 175th to obtain loans, acceptance bills, letters of credit, letters of guarantee, etc. Whoever defrauds a bank or other financial institution of funds, thus causing heavy losses to the bank or other financial institution or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 177 Whoever, under any of the following circumstances, interferes with the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a large number of credit cards knowing that they are forged, or holding and transporting them knowing that they are blank credit cards; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who commits the crime mentioned in the second paragraph by taking advantage of his position shall be given a heavier punishment.