It is illegal to cash in with a credit card, but you may not go to jail. Pay cash directly to credit card holders through fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation. Those who overdraw maliciously for the purpose of illegal possession shall be convicted and punished for the crime of credit card fraud. Therefore, the maximum penalty for cashing in a credit card is 10 years imprisonment or life imprisonment.

What are the constitutive elements of the crime of credit card fraud

The constitutive elements of the crime of credit card fraud are as follows:

1, the object of the crime of credit card fraud is the credit card management system and the ownership of public and private property;

2. The objective aspect of the crime of credit card fraud is that the actor uses the credit card to defraud public and private property by means of fictional facts or concealing the truth;

3. The subject of credit card fraud is the general subject, and natural persons can be the subject of credit card fraud;

4. The subjective aspect of the crime of credit card fraud is intentional.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount is relatively large, it 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.