If the insured amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 1000 yuan 10000 yuan. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than 5 years/kloc-0 and not more than 0 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is especially huge, it shall be punished for more than 10 years, and a fine of more than 20,000 yuan and less than 200,000 yuan or confiscation of property.
legal ground
Is it illegal to return the credit card?
Paying back a credit card is not a crime, nor is it a crime to go through normal procedures to pay back a credit card within the scope permitted by law. It is a crime to help others repay their credit cards, but to achieve the purpose of repaying loans through illegal means. We should also pay attention to the laws and regulations of the country.
How do credit cards usually repay?
Although credit card repayment is a gray area, there is a market where there is demand. There are still many card friends who will bypass the bank and find repayment agencies in the market to ease the repayment difficulties of their credit cards. Then, where can I return my credit card? Bian Xiao reminded everyone not to touch anything unreliable.
1. The store will repay the credit card. The repayment date is approaching day by day. If you really can't pay back your credit card, you can find a familiar store to pay back your credit card. First of all, both parties should agree on the handling fee for credit card repayment. After the merchant boss helps you pay off the bill, the credit card limit will be restored, and then the money will be collected through the machine in the store, and the cardholder can pay the handling fee.
2. Operate the machine by yourself. Apply for a machine with a payment license, install it, bind a savings card of your own, and you can swipe your card to collect money. You need to borrow money from relatives and friends, pay off your credit card before the repayment date, and then transfer the money out by swiping it. The money will be directly transferred to the savings card, and you can take it out freely to repay the account.
3. Reliable credit card repayment software. There are many credit card repayment platforms in the market, many of which cheat people under the guise of repaying credit cards. Therefore, many platforms choose a reliable one, and they are afraid of being cheated by a black intermediary accidentally, not only losing money, but also facing the risk of personal information disclosure.
What are the consequences of returning the credit card? /strong
It involves potential risks such as illegal cashing of credit cards, high fees charged by the platform, and credit card information security of users.
1. There is a record of credit limit reduction or bad credit. Once the cash-out behavior is detected by the bank, it will face the risk of blocking the card or reducing the credit limit, and the accumulated points may also be cancelled, which may seriously be pulled into the credit blacklist by the bank, affecting future loan and credit card applications; What's more, some users will cash out their credit cards for investment or speculation. Once the investment fails, it is likely that the credit card will be overdue and have a bad credit record.
2. There are unsafe factors in credit cards. The platform charges a certain handling fee in this process, which is generally 0.8%- 1% of the bill amount. In the platform compensation mode, the credit card repayment platform advances the user's credit card arrears and obtains the creditor's right to the user, and the user needs to repay the loan to the repayment platform regularly. The borrower's credit card arrears are transferred to the compensation platform.
What is a credit card advance?
Prepayment of credit card is an act of obtaining cash after overdrawing credit card by using false consumption, and cashing out needs to bear corresponding legal responsibilities.
The Supreme People's Court and the Supreme People's Procuratorate issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, which stipulates that "in violation of state regulations, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc., and the circumstances are serious.
We should be convicted and punished for the crime of illegal business operation according to the provisions of Article 225 of the Criminal Law. According to the prosecutor who handled the case, the so-called serious circumstances mean that the cash amount is more than 6,543,800 yuan, or the funds paid to financial institutions are more than 200,000 yuan, or the economic losses of financial institutions are more than 6,543,800 yuan.
If the cash amount is more than 5 million yuan, or the overdue funds of financial institutions are more than 6.5438+0 million yuan, or the economic losses of financial institutions are more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" and punished for more than 5 years.
Extended data:
The Supreme People's Procuratorate and the Supreme People's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Using Credit Cards is to punish the criminal activities of using credit cards to defraud property according to law. The specific application of law in handling such cases is now explained as follows:
1. Whoever forges or fraudulently uses his identity card or business license to apply for a credit card in a bank, or forges, alters or fraudulently uses a credit card to defraud property, if the amount is relatively large, shall be punished as a crime.
2. An individual who, for the purpose of illegal possession, or knowing that he is unable to repay, uses a credit card to maliciously overdraw, defrauds property of more than 5,000 yuan, evades tracing, or fails to return it after being urged by a bank for more than three months, shall be investigated for criminal responsibility for this crime. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated according to the amount exceeding the deposit.
3. If the perpetrator's malicious overdraft constitutes a crime, and all overdraft interest has been returned before the people's procuratorate after the incident, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility.
4. Bank staff who commit the above-mentioned criminal acts shall be given a heavier punishment according to law. In short, cashing out violates relevant regulations, and malicious overdraft violates the criminal law. As a rising China, the economy is moving towards globalization, and some laws and regulations in the economic field are in line with developed countries. Credit card business is an important product and profit source of retail financial business.
The credit card business income of Citibank accounts for 1/3 of the total net profit, and the profit of American Express card issued by American Express Company accounts for 70% of the total profit of the company. It is not difficult to imagine that one day foreign banks will play the slogan of "cashing out" in China. At that time, domestic banks will be eliminated by history if they still stick to the rules.
Baidu Encyclopedia-Illegal Cash Out
What if the credit card expires and there is no money? A few tips to help you avoid overdue!
Many card friends often encounter this situation, especially the Double Eleven. When you use a credit card and buy it at buy buy, you will be dumbfounded when the bill comes out. If they spend too much and have no money to pay back, but don't pay back, they can only wait for the credit report to be overdue. In fact, there is a way to avoid overdue credit cards without money. Here are some tips to teach you.
What if the credit card expires and there is no money?
There are many solutions to the problem that credit cards have no money to repay when they expire. Here can be summarized into two categories, one is self-help method, and the other is external force method.
So, how to do it specifically?
First, the self-help method.
Mainly to reduce the repayment amount, so that the repayment amount is within their own repayment ability, there are two main methods:
1. credit card installment: it is to divide your current bill amount into several installments, and pay part of the principal and handling fee every month. Most banks around have installment rates, and the rates vary with the number of installments. It is best to choose the number of installments according to your repayment ability.
2. Repay according to the minimum repayment amount: After the credit card bill comes out, the minimum repayment amount will always be displayed. As long as you pay the minimum amount in each installment, it won't be overdue. However, if the repayment is made according to the minimum repayment amount, the remaining unpaid principal will not enjoy interest-free, and interest will be calculated at the interest rate of five ten thousandths per day.
Second, with the help of external forces
1, find someone to replace it:
There are two main ways to find someone to pay. One is to find an intermediary to pay, mainly using the "smart credit card payment" software. Although 500 yuan can be repaid in full, its principle is to brush it out with your credit card, which is easily considered as cash; There is also a credit card repayment platform, which advances the credit card arrears of users and obtains the creditor's rights to users. Users need to pay back to the repayment platform regularly, such as borrowing and returning. This kind of application is difficult.
2. Crowdfunding repayment:
In the WeChat credit card repayment interface, there is a crowdfunding credit card repayment function. You can generate a link to your bill, send it to your WeChat friends, set the crowdfunding amount, and ask your friends to help you pay back your credit card. It is said that this is a way to test true love.
What if the credit card expires and there is no money? A few tips to help you avoid overdue! Related introduction. Although these methods can help you avoid overdue, it is recommended that you swipe your card beyond your spending power and swipe your card reasonably to solve the problem from the root.
This concludes the introduction of prepaid credit cards and prepaid credit card software. I wonder if you found the information you need from it?