Article 225 of the Criminal Law of People's Republic of China (PRC) stipulates: "Whoever violates state regulations and commits one of the following illegal business operations, disrupting market order, if the circumstances are serious, shall be sentenced to criminal detention of++or not more than five years, and shall be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years++,and shall also be fined not less than one time but not more than five times his illegal income or his property shall be confiscated. Article 7 of the Interpretation of the Supreme People++the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management stipulates: "Whoever, in violation of state regulations, directly pays cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc., has serious circumstances.
According to the provisions of the above criminal law and judicial interpretation, the objective elements of the crime of cashing in a credit card illegally by using a POS machine include the following three contents: (1) violating the state regulations prohibiting cashing in a credit card by using a POS machine; (2) Using point-of-sale terminal equipment (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. ; (3) If the circumstances are serious enough to meet the standards of criminal law sanctions. These three contents completely constitute the objective aspects of the crime of illegal business operation, and all of them are indispensable, otherwise it will not constitute the crime of illegal business operation.