1. Is it illegal to cash out mobile phone installments?
I don’t quite understand what you mean. Did you buy a mobile phone through installment and then sell the phone directly to cash out?
2. Cashing out is an illegal and criminal act
For serious credit violations and the crime of obstructing credit card management, the sentence will be based on the seriousness of the circumstances. Banks juxtapose cash-out risks, card washing risks, and operational risks. Therefore, if an individual's cash-out credit card records are caught by the bank's risk control, they will first be ordered to adjust the order, and the card limit will be reduced; the most serious thing is to have the card blocked. Many things cannot be done. Cashing out a credit card is an illegal act. If you commit a serious crime and commit the crime of obstructing credit card management, you will be punished with imprisonment of not more than five years or criminal detention according to the circumstances, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; 2. The amount is huge or there are other serious If the circumstances are serious, the offender shall be sentenced to a fixed-term imprisonment of not less than five years but not more than ten years and a fine of not more than RMB 10,000. 3. If the amount is particularly serious, the fine shall be not less than 10 years or more, but also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or the property may be confiscated. The payment institutions actually turn a blind eye to this. As long as they don't go too far, they will not restrict transactions in this regard. Of course, if you use illegal cards such as fake cards or problem cards to cash out, this will trigger the bank. The bottom line of all participants including third parties is simply seeking death.
Legal basis: "People's Republic of China and one of the national circumstances, who commit credit card fraud shall be punished for 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 is If there are other serious circumstances, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other particularly serious circumstances, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed, or property shall be confiscated: (1) Using forged credit identity certificates to fraudulently obtain credit cards; (2) Using other people’s credit cards; (4) Malicious overdrafts. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of exceeding the prescribed limit for the purpose of illegal possession or failing to return the card after being called by the bank. If you use a credit card and use it, you will be punished according to this conviction.
3. Is cashing out mobile phone installment loans an illegal and criminal act?
Legal analysis: It refers to the purpose of illegal possession, using fabricated facts or concealing the truth to defraud large amounts of money. of public and private property. It is illegal to use your mobile phone to cash out in installments.
Legal basis: "The People's Republic of China and the Civil Code"
Article 148: One party uses fraudulent means to cause the other party to act against its true intention In civil legal acts, the party who has been defrauded has the right to request the people or an arbitration institution to cancel it.
Article 149: If a third party commits a fraudulent act, causing a party to perform a civil legal act against his true intention, and the other party knows or should know about the fraudulent act, the party who was defrauded shall have the right to The right to request the people or the arbitration institution to revoke it.
Article 150: If one party or a third party uses coercion to cause the other party to perform a civil legal act against its true intention, the coerced party has the right to request the people or an arbitration institution to revoke it.
"Criminal Law of the People's Republic of China"
Article 192: Whoever uses methods to illegally raise funds for the purpose of illegal possession, and the amount is relatively large, shall be sentenced to three years in prison If the amount is huge or there are other serious circumstances, the offender shall be sentenced to not less than seven years or more, and shall also be fined or have property confiscated.
If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
Article 266: If the amount of public or private property is relatively large, he or she shall be sentenced to not more than three years, criminal detention or public surveillance, and may also or solely be fined; if the amount is huge or there are other serious circumstances, he or she shall be sentenced to three years or less. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to not less than ten years or more, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.