Normal cash out and repayment can lead to jail time.
Cash-out of credit cards is an illegal act and is strictly prohibited by the state. If someone violates national regulations and directly pays cash to credit card holders through fictitious transactions, false prices, cash returns, etc., if the circumstances are serious, it is suspected of constituting the crime of illegal business; if the cardholder uses the above methods for the purpose of illegal possession, Malicious overdraft is suspected of constituting credit card fraud. According to regulations, credit cards refer to credit payment instruments issued by commercial banks within the People's Republic of China and the People's Republic of China (including foreign-funded banks and Sino-foreign joint venture banks, hereinafter referred to as commercial banks) to individuals and entities. Credit cards have functions such as transfer settlement, cash deposits and withdrawals, and consumer credit.
Credit card fraud cases are increasing year by year. The credit card applied for by the victim in place A is stolen by the criminal suspect in place B, and the credit card information is withdrawn or consumed in place C. The criminal suspect attempted to evade criminal action through spatial transformation. In order to crack down on such crimes in a timely and effective manner, the following is notified on the jurisdiction of relevant cases: For credit card fraud cases in which other people's credit card information is illegally obtained by stealing, buying, etc. and then used in other places, the public security agency in the place where the cardholder applied for the credit card shall , People's Procuratorates and People's Courts may file cases for investigation, prosecution, and trial in accordance with the law.
Legal Basis
"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"
Fifty-fourth Anyone who commits credit card fraud under any of the following circumstances and is suspected of one of the following circumstances shall be prosecuted:
(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate, or using an invalid credit card , or fraudulently use other people's credit cards to conduct fraudulent activities, with the amount exceeding 5,000 yuan; (2) Malicious overdrafts, with the amount exceeding 10,000 yuan.
The "malicious overdraft" stipulated in this article refers to the cardholder's overdraft exceeding the prescribed limit or prescribed period for the purpose of illegal possession, and the card-issuing bank still fails to return it for more than three months after being called upon twice. . If the overdraft is malicious and the amount is more than 10,000 yuan but less than 100,000 yuan, all overdraft interest has been repaid before the public security organ files the case. If the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.