1. If the cardholder maliciously overdraws in various ways 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 fraud in accordance with relevant state laws and regulations;
2. Personal cashing violates the relevant regulations and administrative regulations of the bank, which is illegal, but whether it constitutes a crime depends on whether it is for the purpose of illegal possession. If so, it is suspected of credit card fraud.
Laws to help people cash out:
1. If the perpetrator helps others cash out, it may constitute a crime of credit card fraud.
2. The perpetrator commits credit card fraud through malicious overdraft, and if the 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 20,000 yuan but not more than 200,000 yuan.
To sum up, according to the relevant laws and regulations, it is illegal to help others cash their credit cards. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false prices, cash return and other means. If the circumstances are serious, it is suspected of illegal operation.
Legal basis:
Article 196th of the Criminal Law of People's Republic of China (PRC)
Whoever commits credit card fraud in 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. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.