Credit card cash-out is not necessarily a fraud. First of all, credit card cash-out means that the cardholder does not go through normal legal procedures, such as at a bank counter or ATM machine. Instead of withdrawing cash, use the credit limit in your credit card to withdraw cash through other means. At the same time, it does not pay corresponding fees to the bank. This is a credit card cash-out. Of course, the most common thing in our lives now is that some units or individuals use POS machines to specifically implement cash-out business. At the same time, he earned some high so-called handling fees through this act of cashing out. For this behavior, it often does not constitute fraud, but constitutes the crime of illegal business operations. Secondly, for some situations when cashing out a credit card, if under normal circumstances we can repay the cashed out amount on time 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 the amount you cash out exceeds 10,000 yuan, and the bank calls for payment twice, and you have not paid it back within 3 months, it is a malicious overdraft, which involves the crime of credit card fraud.

Legal Basis

"Criminal Law of the People's Republic of China"

Article 266 Whoever defrauds public or private property, if the amount is relatively large, shall be punished A fixed-term imprisonment of not more than three years, criminal detention or surveillance, and concurrently or solely a fine; if the amount is huge or there are other serious circumstances, the person shall be sentenced to a fixed-term imprisonment of not less than three years but not more than 10 years, and also a fine; if the amount is particularly huge or there are other particularly serious circumstances , shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.