Credit card cashing out falls within the filing criteria for the crime of illegal business operations

Using POS machines to cash out larger amounts by swiping cards constitutes the crime of illegal business operations.

According to Article 7 of the "Judicial Interpretation of Obstruction of Credit Card Management", violating national regulations, using point-of-sale terminals (POS machines) and other methods to charge credit card holders with fictitious transactions, false prices, cash returns, etc. If a person directly pays cash, and the circumstances are serious, he shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law. Any person who commits the acts mentioned in the preceding paragraph and the amount exceeds 1 million yuan, or causes overdue repayment of more than 200,000 yuan of funds of a financial institution, or causes economic losses of more than 100,000 yuan to a financial institution, shall be deemed to have committed an offense under Article 225 of the Criminal Law. The stipulated "serious circumstances" will result in a fixed-term imprisonment of six months to five years or criminal detention, and a fine of not less than one time but not more than five times the illegal income, or a fine of not less than one time but not more than five times the illegal income; if the amount is more than 5 million yuan, or causing financial institutions to lose 1 million yuan. Those who fail to repay more than RMB 500,000 overdue, or who cause economic losses of more than RMB 500,000 to financial institutions shall be deemed to be "particularly serious" as stipulated in Article 225 of the Criminal Law and shall be sentenced to fixed-term imprisonment of not less than five years and illegal gains. A fine of not less than one time but not more than five times or confiscation of property. Paragraph 3 stipulates the circumstances under which a cardholder commits the crime of credit card fraud. Cardholders who use POS merchants for the purpose of withdrawing cash are generally not treated as crimes; however, if they use POS merchants for illegal possession, they should be convicted of credit card fraud. punishment.

What is illegal business?

1. Operating franchises, monopoly items or other items restricted from sale and purchase as stipulated in laws and administrative regulations without permission. In order to ensure the normal order of the market, China has implemented restrictions on the trading of some materials related to the national economy and people's livelihood, people's lives, health and safety, and public interests. Only after approval and obtaining a business license can we engage in business activities such as acquisition, storage, transportation, processing, wholesale, and sales. It is illegal to operate without approval. 2. Buy and sell import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and regulations. A business license or relevant approval document is a valid proof of the legality of the economic activity carried out by the holder. Otherwise, it is an illegal operation.

3. Other illegal business activities that seriously disrupt market order, such as illegal pyramid schemes and lottery transactions; reselling waste that is prohibited or restricted by the state; monopolizing supply, driving up prices, hoarding; reselling foreign exchange, licenses and items that are offensive to morals, etc.

Constitutive elements of the crime of cashing out illegal operations

1. Violation of national regulations prohibiting the use of POS machines for cashing out credit cards

2. Use of point-of-sale terminal equipment ( POS machine) and other methods, directly paying cash to credit card holders through fictitious transactions, false prices, cash returns, etc.

3. The circumstances are serious and meet the standards of criminal law sanctions. These three contents completely constitute the objective aspects of the crime of illegal business operations and are indispensable, otherwise it will not constitute the crime of illegal business operations.

Legal basis

"Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 7 Violates national regulations and uses point-of-sale terminal equipment (POS machine) and other methods, directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, they shall be convicted of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law punishment.

Any person who commits the acts in the preceding paragraph and the amount is more than 1 million yuan, or causes the financial institution's funds of more than 200,000 yuan to be overdue, or causes the financial institution to suffer economic losses of more than 100,000 yuan, shall be deemed to be a criminal offender. "Severe circumstances" as stipulated in Article 225; if the amount is more than 5 million yuan, or if the financial institution's funds are overdue for more than 1 million yuan, or if the financial institution's economic losses are more than 500,000 yuan, it shall be determined. It is “especially serious circumstances” as stipulated in Article 225 of the Criminal Law. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Article 8 If a unit commits a crime stipulated in Articles 1 and 7 of this Interpretation, the standards for conviction and sentencing shall be implemented in accordance with the provisions of the respective articles.