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Is it illegal to pay back a credit card on your behalf?

Not illegal

It is not illegal to repay credit cards for profit, but it is best not to do it. The essence of issuing a credit card is similar to turning a credit card into cash. Since credit card repayment falls into a gray area, that is, the law does not expressly prohibit this and it is illegal. The essence of a credit card is a small credit loan, but the essence of a credit card withdrawal is that a certain amount of financing is maliciously withdrawn from the bank in the name of consumption by colluding with the credit card holder, which is some kind of financing fraud with false facts.

Methods for repaying credit cards

1. Cardholders must find an intermediary or individual to repay the bill before it is due.

2. Then both parties negotiate the repayment fee, which is usually about 1% of the repayment amount.

3. After agreeing on the handling fee, the repayment agency or individual will help the cardholder pay off the credit card bill.

4. Then use the POS machine provided by the other party to withdraw the same amount.

5. Finally, the cardholder pays the return fee to the returner.

Credit card agency still has certain risks. You must find a formal agency to avoid being defrauded of personal information and property.

It is not illegal to repay a credit card on your behalf, and the perpetrator will not be held criminally responsible. The cardholder needs to communicate with the card-issuing bank to explain the reason for the overdue payment and indicate the reason for the overdue payment. According to your own financial situation, go through the installment repayment procedures. If you are unable to make installment payments, you can apply to the bank to change the billing date of your credit card and extend the repayment time.

The "Interpretation" also stipulates that if the amount is more than 1 million yuan, or causes the financial institution's funds of more than 200,000 yuan to be overdue, or causes the financial institution to suffer economic losses of more than 100,000 yuan, it shall be deemed as If the circumstances are serious, in accordance with the relevant provisions of the criminal law, the offender may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and may be fined not less than one time but not more than five times the illegal income or solely. For particularly serious cases, the offender may be sentenced to more than five years, a fine of not less than one time but not more than five times the illegal income, or property confiscated. Credit card repayment is essentially like cashing out on a credit card and is an illegal crime.

Repaying credit card fees to earn handling fees will constitute a crime of fraud

In the name of paying "handling fees", find someone to pay the credit card debt on your behalf, and then report the credit card as lost and disappear. , this is a new means of using the credit card repayment business to commit fraud. Recently, the People's Court of Zhungeer Banner, Ordos City, heard a fraud case involving earning handling fees by repaying credit cards. The defendant Wang was guilty of fraud and was sentenced to a fixed term of imprisonment. Sentenced to six years and six months in prison and fined NT$30,000.

Between July 2015 and April 2016, the defendant Wang, knowing that he had no ability to repay, fabricated the fact that he would repay the credit card to the victim, advanced the handling fee in advance, and then paid the victim the money. After depositing the money into the credit card provided by Wang, Wang immediately reported the card as lost or immediately withdrew the money to repay personal debts and pay for personal consumption. In this way, the defendant Wang committed a total of 8 frauds. The total amount of fraud was 235,000 yuan.

After trial, the court held that the defendant Wang knew that he had no ability to repay, but still deceived others to repay the credit card. After the other person paid off the credit card, he immediately reported the card as lost, which was illegal. Possessing other people's property for personal consumption or repaying personal debts constitutes the crime of fraud, and you should bear corresponding legal responsibilities according to law.