Legal analysis: 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. Malicious cashing is obviously a serious violation of relevant laws and regulations, especially for specific criminal facts, which should be identified and handled by judicial organs according to law. Causing a huge amount of cash needs to be strictly investigated, but generally only economic crimes are punished.
Legal basis: Article 7 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management violates state regulations and directly pays cash to credit card holders by means of fictitious transactions, false pricing and cash return. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. If the amount of the act mentioned in the preceding paragraph is more than 6,543.8+0,000 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 6,543.8+0,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or the funds of financial institutions are not returned more than 6.5438+0 million yuan within the time limit, or the economic losses of financial institutions are more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.