Legal analysis

But because credit card repayment involves cashing and credit card repayment, cashing involves credit card consumption. In violation of relevant regulations, using point-of-sale terminal equipment (POS machines) to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation. Credit card is essentially a small credit loan, and the essence of credit card cashing is that merchants collude with cardholders to maliciously take a certain amount of loans from banks in the name of consumption, which is suspected of fictitious loan fraud to some extent. According to relevant regulations, he was convicted and punished for the crime of illegal business operation. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession, he shall be investigated for criminal responsibility.

legal ground

Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the prosecution standard of economic crime cases 46 pages. Crime of credit card fraud (Article 196 of the Criminal Law) The crime of credit card fraud shall be prosecuted if it is suspected of one of the following circumstances: 1. Using forged credit cards, or using invalid credit cards, or fraudulently using other people's credit cards for fraudulent activities, with an amount of more than 5,000 yuan; 2, malicious overdraft, the amount of more than five thousand yuan.