The cash out was suspected of illegal business operations. If the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and not less than one time but not more than five times the illegal income. Fines or confiscation of property.

What is the penalty standard for credit card cash-out?

1. Malicious overdraft or illegal operation, and the cash-out amount is between 10,000 yuan and 100,000 yuan.

It can be determined as meeting the "relatively large amount" condition stipulated in Article 196 of the Criminal Law. Such credit card arbitrage is punishable by imprisonment for not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.

2. The credit card cash-out limit is between 100,000 yuan and 1 million yuan.

It can be determined as meeting the "huge amount" condition stipulated in Article 196 of the Criminal Law. Such credit card arbitrage is punishable by imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan.

3. The credit card cash-out limit is more than 1 million.

It can be determined as meeting the conditions of “especially huge amount” stipulated in Article 196 of the Criminal Law. Such credit card arrears may be punished with a fixed-term imprisonment of not less than ten years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of personal property.

In summary, cashing out with a credit card will definitely constitute a crime once it is discovered. If the amount of overdraft reaches a certain level, the judgment will be based on the amount.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 225

Violation of the state It stipulates that anyone who commits one of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, he shall be sentenced to five years or more. The above-mentioned fixed-term imprisonment shall also be imposed upon a fine of not less than one time but not more than five times of the illegal income or confiscation of property:

(1) Whoever operates a franchise or monopoly items or other items whose sale is restricted according to laws and administrative regulations without permission ;

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Without Relevant national competent authorities approve the illegal operation of securities, futures, and insurance businesses, or illegally engage in fund payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.