It is illegal to cash out a credit card.
If credit card users cash out, it will cost you to disturb the financial order. Those who are light may be penalized or have their credit cards frozen; In severe cases, they may face jail time.
2. Penalty standard for cashing in credit cards
1. Malicious overdraft or illegal operation, and the cash amount is between 1, yuan and 1, yuan.
can be considered as meeting the condition of "large amount" stipulated in Article 196 of the Criminal Law. Such credit card cashing can be punished with imprisonment of not more than five years or criminal detention, and a fine of not less than 2, yuan and not more than 2, yuan.
2. The credit card cash amount is between 1, yuan and 1 million yuan.
can be considered as meeting the condition of "huge amount" stipulated in Article 196 of the Criminal Law. Such credit card cashing behavior can be punished with fixed-term imprisonment of more than five years and less than ten years, and a fine of more than 5, yuan and less than 5, yuan.
3. The credit card cashing amount is more than 1 million.
can be considered as meeting the condition of "extremely huge amount" stipulated in Article 196 of the Criminal Law. Such credit card cashing behavior can be punished with fixed-term imprisonment of more than 1 years or life imprisonment, and a fine of more than 5, yuan and less than 5, yuan or confiscation of personal property.
3. What are the countermeasures for preventing credit card cashing
1. Legislation
To prevent financial risks caused by credit card cashing, the first task is to clarify the nature of credit card cashing, and the constitutive requirements and punishment standards of illegal cash cashing must be strictly defined in the law, so as to create a deterrent to illegal credit card cashing in reality, so as to ensure the safety of banks' funds and maintain the stability of financial order.
Secondly, it is suggested to strengthen the legislation on bank cards. Bank card has become an indispensable financial tool in national life, and the rights and obligations between bank card holders and issuing institutions and the balance of interests between card issuers and merchants need to be determined by laws with higher effectiveness.
2. Card issuers
Under the circumstance that the current legal provisions are not perfect, card issuers should strengthen the awareness of risk prevention while vigorously expanding credit card business, strictly examine the conditions of applicants before issuing cards, strictly examine and approve the quota, and emphasize the risk control at the source of issuing cards.
in the agreement with the special merchants, it is clear that the special merchants shall not assist the cardholders to cash out and strengthen their liability for breach of contract, so as to restrain the behavior of the special merchants; Banks should * * * enjoy the illegal customer information system to avoid the same customer handling cards repeatedly; Introduce bank card insurance mechanism, cooperate with insurance companies, participate in insurance related to credit card risk, and reduce credit risk.
3. Credit system
Perfecting the personal credit system and establishing the social credit system as soon as possible is of great significance to the prevention of financial risks. In the future, on the basis of the establishment of the credit system, banks can query the customer's credit files at any time through the customer's credit database, and quickly determine whether they can grant credit to customers and the credit line. It is also possible to incorporate the bad behavior records of cardholders and merchants who participate in credit card cashing into the social credit information system, and support relevant laws and regulations.