1. Is it illegal to use a credit card to cash out?
1. It is illegal to use a credit card to cash out. The penalties are as follows:
(1) If the perpetrator's illegal behavior constitutes a relatively large amount of fraud, he shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined;
(2 ) If the amount of the crime committed by the perpetrator is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined;
(3) If the amount of the crime is particularly huge or there are other particularly serious circumstances If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated.
2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"
The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:
(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;
(2) Using an expired credit card;
(3) Pretending to use other people’s credit cards;
(4) Malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank.
Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
2. How to apply for credit card suspension and suspension of accounts
The application for credit card suspension and suspension of accounts is as follows:
1. The individual has the willingness to repay, but the credit card consumption limit is too high and cannot be repaid. At that time, the debtor needs to take the initiative to call the bank's credit card customer service number to apply for negotiated repayment, inform the other party of the current personal financial repayment ability, and cannot repay the loan on time, so he applies for an interest suspension;
2. The debtor It is necessary to provide relevant proof of personal income and property in the name;
3. After the credit card is overdue, the borrower will receive collection calls from the bank all the time, so be sure to keep your personal phone open, and do not worry about being unable to meet the deadline. Avoid repayment;
4. Apply for a suspension of interest payments and negotiate a new repayment plan.