It is illegal to use your card to cash out.
Credit card cash-out means that 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 bank withdrawal fees. Behavior. Cashing out on credit cards disrupts the normal financial order and is illegal.
Under normal circumstances, after banks discover abnormal credit card transactions (illegal cash-out) of users, they usually block the card or reduce the limit to curb such illegal cash-out behavior. The cash-out behavior of the cardholder will be recorded in the personal credit system. Directly affect their personal credit records. Anyone who uses a card to cash out a malicious overdraft should be convicted and punished for credit card fraud.
Legal Basis
"Criminal Law of the People's Republic of China"
Article 196 The crime of credit card fraud and theft falls under the following circumstances: 1. Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years but not more than 10 years. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be fixed-term imprisonment of not less than 10 years or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or Confiscation of property:
(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 other people’s credit cards;
(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. Article 266: Whoever commits the crime of fraud and defrauds public or private property, and the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall also or shall be fined alone; if the amount is huge, or there are other serious circumstances, he shall be sentenced to not less than three years and not less than 10 years of imprisonment. If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail. Article 264 Whoever commits the crime of theft and steals public or private property with a relatively large amount, or who commits multiple thefts, burglaries, thefts with weapons, or pickpockets shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance, and shall be fined concurrently or solely. fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment and shall also be fined or Confiscation of property.