Recently, the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, the1475th meeting of the Judicial Committee of the Supreme People's Court in 2009 and the 22nd meeting of the 11th Procuratorial Committee of the Supreme People's Procuratorate in 2009+00+02.
The Interpretation also stipulates: "In violation of state regulations, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of point-of-sale terminal equipment (POS machines). If the circumstances are serious, it shall be punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. "
The essential feature of credit card cashing is to directly convert the credit limit in credit card into cashing through deception. Cash-out funds are out of the normal credit management channels of banks and the management sight and control of regulatory authorities, which seriously undermines the management order of China's financial market and lays an unstable factor for the overall financial order of the country.
Cash-out behavior, the amount of which is more than 6,543,800 yuan, or the overdue repayment of financial institutions' funds is more than 200,000 yuan, or the financial institutions' economic losses are more than 6,543,800 yuan, 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. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.