It is not illegal, but it is illegal to operate credit card repayments illegally.

According to Article 7 of the "Interpretations 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 Obstructing the Management of Credit Cards":

Using point-of-sale terminals in violation of national regulations Machines (POS machines) and other methods are used 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 convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Carrying out the acts in the preceding paragraph, the amount is more than 1 million yuan, or causing the financial institution's funds of more than 200,000 yuan to be overdue.

If the financial institution suffers an economic loss of more than 100,000 yuan, it shall be deemed as a "serious circumstance" as stipulated in Article 225 of the Criminal Law; if the amount is more than 5 million yuan.

If it causes overdue repayment of more than 1 million yuan of funds of a financial institution, or causes economic losses of more than 500,000 yuan to a financial institution, it shall be deemed as "especially serious circumstances" as stipulated in Article 225 of the Criminal Law. ".

If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card fraud in accordance with Article 196 of the Criminal Law.

Extended information:

According to Article 225 of the Criminal Law of the People's Republic of China, the crime of illegal business operations:

Violation of national regulations, Anyone who commits one of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income.

If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income, or his property shall be confiscated:?

(1) Operating laws without permission , monopoly, monopoly items or other restricted items as prescribed by administrative regulations;?

(2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses stipulated in laws and administrative regulations or approval documents;?

(3) Illegally operating securities, futures, and insurance businesses without approval from the relevant national competent authorities, or illegally engaging in fund payment and settlement business;?

(4) Other illegal business activities that seriously disrupt market order.

According to Article 6 of the "Interpretations 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 Obstructing the Management of Credit Cards":

The cardholder intends to illegally possess the card , if the card is overdrafted beyond the prescribed limit or within the prescribed period and is not returned for more than 3 months after being called upon twice by the issuing bank, it shall be deemed a "malicious overdraft" as stipulated in Article 196 of the Criminal Law.

If any of the following circumstances occurs, it shall be deemed as "illegal possession for the purpose" as stipulated in the second paragraph of Article 196 of the Criminal Law:

(1) Knowingly not possessing A large amount of overdraft due to the ability to repay the loan cannot be returned;

(2) The overdraft funds are squandered wantonly and cannot be returned;

(3) Escape, change contact information, and evade after overdraft Bank collection;

(4) Escape and transfer funds, conceal property, and evade repayment;

(5) Use overdraft funds to carry out illegal and criminal activities;

(6) Other behaviors of illegally possessing funds and refusing to return them.

A malicious overdraft, if the amount is more than 10,000 yuan but less than 100,000 yuan, shall be deemed as a "relatively large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 100,000 yuan but less than 1 million yuan Yuan.

It should be determined as a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 1 million yuan, it should be determined as an "especially huge amount" as stipulated in Article 196 of the Criminal Law. ".

The amount of malicious overdraft refers to the amount that the cardholder refuses to return or the amount that has not been returned under the conditions specified in the first paragraph. Excludes compound interest, late fees, handling fees and other fees charged by the card-issuing bank.

Criminal liability should be pursued for malicious overdrafts, but if all the overdraft interest has been repaid after the public security organ files the case and before the people's court pronounces its judgment, the person may be given a lighter punishment.

If the circumstances are minor, punishment may be exempted. If the malicious overdraft amount is relatively large and all the overdraft interest has been repaid before the public security organ files the case, and the circumstances are obviously minor, criminal liability may not be pursued in accordance with the law.

Baidu Encyclopedia - The Supreme People's Court and the Supreme People's Procuratorate regarding the management of credit card obstruction