It is illegal to use other people's credit cards, but it is not necessarily a crime, but an illegal act of helping others cash out. The provisions are as follows: 1. The "Notice on Strengthening the Security Management of Bank Cards to Prevent and Combat Bank Card Crime" clearly stipulates the behavior of cashing out credit cards: establish and improve on-site inspection and off-site monitoring systems for special merchants. Acquiring institutions must establish merchant transaction databases and monitoring systems, set suspicious transaction monitoring and analysis indicators, and establish risk control models based on the operating conditions and rules of special merchants. Establish a regular on-site inspection system for specially contracted merchants. Merchants who have newly signed contracts, merchants who sell volatile cash goods (such as jewelry, computers, etc.), as well as those who have had suspicious transactions, are suspected of fraudulent transactions, or are suspected of assisting cardholders to cash out, etc. have bad records. High-risk merchants should increase the frequency of on-site inspections. Strictly manage transaction authorization for high-risk businesses such as consumption cancellation, returns, and consumption adjustments. When it is discovered that a relevant merchant is suspected of illegally accepting bank cards, the acquiring agency must promptly investigate and verify and make corrections. The acquirer may suspend bank card transactions for those suspected of accepting counterfeit cards, stealing information, cashing out, or committing fraud. For merchants that do accept counterfeit cards, stolen information, fraud, cash out and other illegal activities, the acquiring agency should immediately terminate their bank card transactions, report the case to the public security department, report the relevant situation to the People's Bank of China, and notify the merchant and its legal representative The relevant information of the person or person in charge shall be submitted to the credit reporting system of the People's Bank of China, and shall be actively submitted to the China UnionPay bank card risk information sharing system. 2. The "Notice of the China Banking Regulatory Commission on Further Regulating the Credit Card Business" also stipulates penalties for assisting others to cash out: Banking financial institutions should strictly manage their own special merchants, and deal with credit card fraud, cash out risk prevention and safety management responsibilities with special merchants. Merchants make necessary agreements and conduct continuous monitoring and regular on-site inspections of specially contracted merchants. Special merchants suspected of assisting cardholders to cash out should be promptly warned and corrected. In serious cases, the merchant's ability to acquire bills should be immediately suspended.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 196 Under any of the following circumstances, credit card fraud activities are carried out , where 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; A fine of not less than 10,000 yuan but not more than 500,000 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 another person’s credit card;
(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 shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”