It is illegal, because there is no cash in the credit card, only the credit limit, but it is not illegal to cash out with the credit card at present. Because there are no relevant policies and regulations to restrict this behavior. But cashing out will definitely directly affect your credit history. It has a direct impact on future credit card approval, quota promotion and housing mortgage loan.
Is it illegal to swipe a credit card?
It is illegal to swipe someone else's credit card, but it is not necessarily a crime. It is just an illegal act to help others cash out. Punishment for assisting others to cash out: Banking financial institutions should strictly manage their own special merchants, make necessary agreements with special merchants on credit card fraud, cash-out risk prevention and safety management responsibilities, and implement continuous monitoring and regular on-site inspection of special merchants. Special merchants suspected of assisting cardholders to cash out should be warned and corrected in time. If the circumstances are serious, the merchant's acquiring qualification shall be stopped immediately.
legal ground
Article 196th of the Criminal Law of People's Republic of China (PRC) has one of the following circumstances, which constitutes a credit card crime. If the amount of credit card activities is relatively large, he 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
What is the crime of swiping a credit card on behalf of others?
Brush credit cards for others.
Legal basis:
Article 196 of the Criminal Law of People's Republic of China (PRC), who engages in credit card activities under any of the following circumstances, if the amount is relatively large, 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
Is it illegal to swipe someone's credit card? Will you be criminally liable?
It must be illegal.
1, the punishment method of brush.
Malicious overdraft of a credit card of more than 5,000 yuan constitutes a credit card crime in criminal law and is sentenced to fixed-term imprisonment of not more than 3 years; Malicious overdraft of more than 50,000 yuan and less than 200,000 yuan is a huge amount, and it is sentenced to 5 years to 10 years; More than 200,000 yuan is a huge amount, and the sentence exceeds 10 years.
2. Credit card
Divided into credit cards and quasi-credit cards. Credit card refers to the credit card issued by the bank, which gives the cardholder a certain credit limit, within which the cardholder can spend first and then repay.
Credit card is interest-free.
The longest interest-free repayment period is 56 days.
What is a credit card?
This is really a big risk. These credit card repayment companies may not care about earning limited service fees, but may use the cardholder's information to impersonate a new card in the bank and disappear after spending the maximum amount, causing cardholders to suffer huge economic losses in the future. Such credit card repayment is not a legal act and is not protected by law. Once problems occur, it is difficult to recover losses and safeguard rights and interests. So be careful about credit card repayment. \ r \ For more information about what a credit card is, please go to: See More.
Is it illegal to swipe someone else's credit card?
This is illegal and suspected of committing a crime.
Article 195 Whoever engages in letter of credit activities under any of the following circumstances 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Using forged or altered letters of credit or accompanying documents and documents;
(2) Using an invalid letter of credit;
(3) defrauding a letter of credit;
(4) conducting letter of credit activities in other ways.
Article 196 Whoever engages in credit card activities under any of the following circumstances, with a relatively large amount, 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Using a forged credit card;
(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.
Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
You are obviously an "invited merchant" who maliciously colludes with a "customer" to cheat money. Besides, it's obvious that you're not going to pay back the money after you brush it. If you do, it's easy to say. If you don't pay it back, even if they can't find your collusion, they can sue the credit card holder for malicious overdraft ~ ~ Anyway, this kind of thing will be forgotten once or twice. If the amount is huge and there is no money to exchange, then don't play.
For the introduction of credit card swiping, this is enough.