Legal analysis: credit card cashing may not be owned. First of all, credit card cashing means that the cardholder does not withdraw cash through normal legal procedures, such as at the bank counter or ATM, but through other means, using the amount in the credit card to withdraw cash. At the same time, it does not pay the corresponding fees to the bank. This is a credit card cash. Of course, the most common thing in our life now is that some units or individuals use pos machines to implement cash-out business. At the same time, he earned some high so-called handling fees through this cash-out behavior. For this kind of behavior, it often does not constitute, but it constitutes the crime of illegal business operation. Secondly, in some cases of credit card cashing, if under normal circumstances, we can repay the cash amount on schedule and repay a credit card debt to the bank, it generally does not constitute a crime. At the same time, it should be noted that if your cash amount exceeds 1 000 yuan, and the bank makes two reminders and does not return it within 3 months, it is a malicious overdraft and a credit card crime.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, 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 especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(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.