It is a crime to help others use their credit cards to cash out.
The cardholder does not withdraw cash through normal legal procedures (ATM or counter), but uses other means to withdraw the funds within the credit limit of the card in cash without paying bank withdrawal fees. Behavior. This form is to bypass the bank's limit regulations on credit card cash withdrawals, which is a cash out. If the amount of cash withdrawn is huge, it is suspected of credit card fraud.
The criteria for filing a credit card fraud case are:
1. Use forged credit cards, fraudulently obtained credit cards with false identity documents, invalidated credit cards, or fraudulently use other people’s credit cards to conduct credit card fraud. Fraudulent activities involving an amount of more than 5,000 yuan;
2. Malicious overdraft of more than 10,000 yuan.
Elements of the crime of credit card fraud:
1. Object elements. The object of the infringement is a complex object, which not only infringes on the state's financial instrument management system, specifically the credit card management system, but also causes damage to the public and private property ownership of the bank and the relevant parties of the credit card;
2. Objective requirements. Objectively speaking, it manifests itself as the use of counterfeit or altered credit cards, or the fraudulent use of other people's credit cards, or the use of credit cards to maliciously overdraft, defraud public or private property, and the amount is relatively large;
3. Subject requirements. The subject is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units can also become the subject of crimes;
4. Subjective elements. Subjectively, it can only be constituted intentionally and must have the purpose of illegally possessing public or private property.
To sum up, the crime of credit card fraud refers to the act of using credit cards to conduct fraudulent activities for the purpose of illegal possession, violating credit card management regulations, and defrauding a large amount of property.
Legal basis:
Article 196 of the Criminal Law of the People's Republic of China
The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud and the amount is relatively large 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 10 years. , and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation. :
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an invalid credit card;
< p>(3) Pretending to use other people’s credit cards;(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.