1. If it is a malicious extortion with the intention of not paying it back, it constitutes a crime of credit card fraud.

2. According to relevant legal interpretations and in violation of national regulations, use point-of-sale terminals (POS machines) and other methods to make direct payments to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, the person shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.

Cash-out means that credit card holders do not withdraw cash through formal channels such as ATMs or bank counters, but obtain cash through some illegal intermediaries in the name of false consumption.

The specific method is that after the cardholder swipes the card at the merchant, the merchant will return the remaining amount after deducting the handling fee to the cardholder in cash to reach the credit limit to cash. Convert.

It is a crime to cash out on a credit card. If the cardholder does not withdraw cash through normal legal procedures, but uses other means to withdraw the funds within the credit limit of the card in cash without paying the bank's cash withdrawal fees, it is a credit card cash out. Cashing out on a credit card is not only illegal, but will also seriously affect your personal credit record.

Legal basis:

Article 12 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management"

Violating national regulations, using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, the person shall be prosecuted in accordance with Article 220 of the Criminal Law. Article 5 provides for conviction and punishment for illegal business operations.

Whoever commits the acts in the preceding paragraph with an amount of more than 1 million yuan, or causes the financial institution's funds to be overdue for more than 200,000 yuan, or causes the financial institution to suffer economic losses of more than 100,000 yuan, shall be deemed to have It is a "serious circumstance" stipulated in Article 225 of the Criminal Law;

The amount is more than five million yuan, or it causes the financial institution's funds of more than one million yuan to be overdue, or it causes the financial institution to If the economic loss of an organization exceeds 500,000 yuan, it shall be deemed as "particularly serious circumstances" as stipulated in Article 225 of the Criminal Law.

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card fraud refers to the use of credit cards for the purpose of illegal possession and in violation of credit card management regulations. Fraudulent activities, the act of defrauding large amounts of property.