Is it illegal to pay back the credit card? How to judge
It is not illegal and will not be sentenced. It is not illegal to repay on behalf of others. However, the credit card pad also involves the repayment, which is brushed out in the form of cash. Credit card cashing is clearly stipulated in the law, and cashing is illegal.
what is credit card repayment?
Credit card repayment is also called credit card repayment. Generally, it means that credit card users can't pay off all the money in the current month and want to pay back in full to get interest-free or points. Or the user is unable to repay the money, and delays the repayment time by paying the prepayment fee every month.
is the credit card pad still illegal?
it is not illegal to repay on behalf of others. However, the credit card pad also involves the repayment, which is brushed out in the form of cash. However, in the recent Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management, it is clearly stipulated that cashing out is illegal.
According to the Interpretation of Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management:
Article 12, in violation of state regulations, directly pays cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc., if the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation according to the provisions of Article 225 of the Criminal Law.
if the amount of the acts mentioned in the preceding paragraph is more than one million yuan, or if the funds of financial institutions are overdue for more than 2, yuan, or if the economic losses of financial institutions are more than 1, yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; The amount is more than 5 million yuan.
if the financial institution's funds are overdue for more than one million yuan, or the financial institution's economic losses are more than 5, yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card++in accordance with the provisions of Article 196 of the Criminal Law.
Extended information:
According to the Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management:
Article 6 If a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and fails to return it after two effective reminders by the issuing bank for more than three months, it shall be deemed as "malicious overdraft" as stipulated in Article 196 of the Criminal Law.
for the purpose of illegal possession, we should make a judgment based on the credit history of the cardholder, repayment ability and willingness, the status of applying for and overdrawing credit cards, the use of overdraft funds, the performance after overdraft, the reasons for not repaying according to regulations and other circumstances. The purpose of illegal possession shall not be determined solely on the basis of the fact that the cardholder fails to repay the loan according to the regulations.
under any of the following circumstances, it shall be deemed as "for the purpose of illegal possession" as stipulated in the second paragraph of Article 196 of the Criminal Law, except that there is evidence to prove that the cardholder really does not have the purpose of illegal possession:
(1) knowing that he is unable to repay, he overdraws a lot and cannot return it;
(2) after applying for a credit card with a false credit certificate, it is overdrawn and cannot be returned;
(3) evading bank collection by means of hiding or changing contact information after overdraft;
(4) Evading or transferring funds, concealing property and evading repayment;
(5) using overdrawn funds for criminal activities;
(6) other cases of illegal possession of funds and refusal to return them.
Article 7 A collection that meets the following conditions at the same time shall be deemed as an "effective collection" as stipulated in Article 6 of this Interpretation:
(1) The collection shall be made after the overdraft exceeds the prescribed limit or the prescribed time limit;
(2) The collection shall be made in a way that can confirm the receipt of the cardholder, unless the cardholder intentionally evades the collection;
(3) The interval between two collections is at least 3 days;
(4) meeting the relevant provisions or agreements on collection.
whether it is an effective collection or not shall be judged according to the telephone recording, information delivery record, letter delivery receipt, e-mail delivery record, the signature of the cardholder or his family and other original evidence materials for collection provided by the issuing bank.
the relevant evidential materials provided by the issuing bank shall bear the signature of the bank staff and the official seal of the bank.
Baidu Encyclopedia-Solutions to Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management
How do you charge the fee for credit card reimbursement? How much is the handling fee for 5 yuan?
the handling fee is usually charged in the form of interest, with a handling fee of 5, yuan and 5 yuan. This is actually a short-term loan.
First, I will repay you
Based on the overdraft amount of 1, yuan, apply for one week, and the handling fee is 2 yuan; The 2-week handling fee is 3 yuan; The 3-week handling fee is 4 yuan; The 4-week handling fee is 6 yuan. Cardholders can freely choose the repayment time, which is more flexible for those cardholders who are in urgent need of repayment but have not yet paid their wages.
:
The process of credit card repayment and prepayment is as follows: 1. Process
Find the subject or object that can repay for you. (The credit card payer can be an individual, a unit or an intermediary. If you want to choose a credit card repayment method, it is recommended that card friends choose a more professional and credible institution on the market to prevent being cheated. Prove to the agent that the credit card can still pay for it. The payer is afraid that after helping the cardholder to repay the loan, the card will still be frozen and cannot be swiped, so he can't get his own repayment amount. Card friends can choose to temporarily deposit a small sum of money into the card to prove its availability to the agent. The agent transfers money to the cardholder's credit card, and the cardholder will brush out the money immediately after repayment. This is the most important step in the process of credit card repayment, that is, after the cardholder regains the credit line, the money will be returned to the payer through consumption. Pay the agent a certain handling fee according to the agreement, usually 1% to 1.5.
2. Bank of Communications Credit Card
The cash withdrawal fee of Bank of Communications Credit Card is 1% of the cash withdrawal amount, and the minimum 1 yuan is 5K, and the handling fee is 5 yuan; 2. Cash withdrawal interest is calculated at .5 ‰ per day, 5,.5% = 2.5 yuan/day, 75 yuan/month, and 65-day interest =162.5 yuan; 3. If repayment is made in three installments, the handling fee for each installment is 5,.72% = 37.17 yuan, and the total handling fee for the three installments is =111.51 yuan. It is more cost-effective to choose installment repayment.
it is not illegal to pay back the credit card for several years
it is not illegal to repay the loan on behalf of others. However, the credit card pad also involves the repayment, which is brushed out in the form of cash. In the law, it is clearly stipulated that cashing in credit cards is illegal, and the specific sentence for several years depends on the seriousness of the crime. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc., if the circumstances are serious, it shall be punished for the crime of illegal business according to the provisions of Article 225 of the Criminal Law. Those who engage in illegal business operations and disrupt the market order, if the circumstances are serious, shall be sentenced to not more than five years+++or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, they shall be sentenced to more than five years+++,and shall be fined more than one time and less than five times the illegal income or confiscated.
What do you mean by credit card cushion?
Credit card cushion is also called credit card repayment, which generally means that credit card users can't pay off all the money in the current month and want to pay back in full to get interest-free or points. Or the user is unable to repay the money, and delays the repayment time by paying the prepayment fee every month.
Process of credit card repayment:
The specific process of credit card repayment is: the payer takes your credit card and goes to the repayment bank first. Wait for about ten minutes after paying back the money, and then cash out all the money just returned on his POS machine. The credit card holder pays the handling fee (1%-3% of the repayment amount) to the repayment agent, and the bank determines that the credit card user has repaid in full and consumed in full. Interest-free and send the next bill
Extended information
It is not illegal to repay on behalf of others. However, the credit card pad also involves the repayment, which is brushed out in the form of cash. However, in the recent Interpretation on Several Issues Concerning the Specific Application of Laws in Criminal Cases of Impairment of Credit Card Management, it is clearly stipulated that cashing out is illegal.
The Interpretation also stipulates: "In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc., if the circumstances are serious, it shall be punished as illegal business operation according to the provisions of Article 225 of the Criminal Law."
the essential feature of credit card cashing is to directly convert the credit line in the credit card into a cash set by cheating. Because the cash-out funds are separated from the normal credit management channels of banks and the management sight and control of the regulatory authorities, it has seriously damaged the management order of China's financial market and buried unstable factors in the overall financial order of the country.
Punishment:
The essential feature of credit card cashing is to convert the credit line of a credit card into a cash set by cheating. Cash-out merchants collude with cardholders to make false transactions with credit cards, which is actually a disturbance and violation of financial order.
before, due to the lack of clear legal basis, the relevant departments could only impose soft penalties on cashing merchants such as taking back POS machines and stopping transactions, which has always lacked effective means to effectively curb the spread of cashing behavior from the source.
Resources: Baidu Encyclopedia-Credit Card Payback
The introduction of Tianjin Credit Card Payback and Qinhuangdao Credit Card Payback is over. Did you find the information you need from it?