Reaching 1 10,000 yuan constitutes a crime. For the purpose of illegal possession, if the overdraft exceeds the prescribed limit or time limit, and it has not been returned for more than 3 months after being urged twice by the issuing bank, the amount exceeds 1 0,000 yuan, which constitutes the crime of credit card fraud. Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit limit of the card in cash by other means rather than through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee. As for the increasingly fierce credit card cashing behavior in recent years, the Shanghai headquarters of the central bank said on July 26th, 2065438+00 that credit card cashing is illegal, and the central bank is studying to record the cardholder's cashing behavior in the personal credit information system, which will directly affect his personal credit record. If the amount of illegal cash withdrawal is more than 6,543,800 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 6,543,800 yuan, criminal responsibility shall be investigated for the crime of illegal business operation.

Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit limit of the card in cash by other means rather than through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee. Credit card cashing crime is illegal; Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit limit of the card in cash by other means rather than through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee.

Classification of illegal cash withdrawal

1 is the personal behavior of the cardholder. Cardholders play the trick of "others spend their own cards", swipe other people's shopping accounts into their own cards to increase points, and at the same time, shoppers return the cardholders' cash, which really kills two birds with one stone for cardholders. Because many banks launched value-added services while issuing credit cards, and carried out activities such as exchanging consumption points for gifts to stimulate people's enthusiasm for card consumption.

2. The cardholder cooperates with the merchant or some "loan companies" and "intermediary companies", and the cardholder obtains cash by paying the handling fee to the merchant. Generally, the merchant's POS machine is used to make false transactions, and the amount on the credit card is crossed out. Merchants or "loan companies" and "intermediary companies" pay cash on the spot (paying cash to cardholders), and the handling fee paid by cardholders to merchants is lower than that of banks.

3. Cardholders get cash by using some websites or company services, such as Alipay or China Mobile's "Online Prepaid Card Purchase" service.

Legal basis:

Criminal law of the people's Republic of China

Article 196 Whoever commits credit card fraud under any of the following circumstances, if 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.