How to punish the crime of cashing in credit cards

How to punish the crime of cashing in credit cards: 1. In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, they should be convicted and punished for the crime of illegal business according to the provisions of Article 225 of the Criminal Law. Second, the criminal law also points out that if a cardholder uses the above-mentioned methods to maliciously overdraw for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card in accordance with the provisions of Article 196 of the Criminal Law. However, if the cardholder maliciously obtains bank points through false transactions and exchanges them for use, it is for the purpose of illegal possession, defrauding public and private property by fictional facts or concealing the truth, such as a large number, or suspected of constituting a crime or contract crime stipulated in the criminal law. Article 196 of the Criminal Law commits the crime of credit card under any of the following circumstances, and if the amount involved is relatively large, he shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, yuan; If the amount is huge or there are other serious circumstances, it shall be sentenced to not less than five years but not more than ten years, and a fine of not less than 5, yuan but not more than 5, yuan shall be imposed; If the amount is especially huge or there are other particularly serious circumstances, it shall be sentenced to not less than 1 years or, in addition, a fine of not less than 5, yuan but not more than 5, yuan or confiscation of property: (1) using a forged credit card or using a credit card fraudulently obtained with false identification; (2) using an invalid credit card; (3) Fraudulent use of another person's credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank. Article 225 Whoever commits any of the following illegal business operations in violation of state regulations and disrupts the market order, if the circumstances are serious, shall be sentenced to not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, they shall be sentenced to more than five years, and shall also be fined more than one time and less than five times the illegal income or confiscated of their property: (1) dealing in exclusive or monopolized goods or other goods whose trading is restricted as stipulated by laws and administrative regulations without permission; (2) buying and selling import and export licenses, import and export certificates of origin and business licenses or approval documents as stipulated by other laws and administrative regulations; (3) illegally engaging in securities, futures and insurance business without the approval of the relevant competent department of the state, or illegally engaging in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.

Is it illegal to pay back the credit card?

No, it isn't. However, it is illegal to illegally operate credit card repayment, because credit card repayment involves cashing and credit card repayment, and cashing involves credit card consumption. If you violate the relevant provisions of the state, you use point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, you should be convicted and punished for illegal business operation.

legal analysis: not breaking the law. However, it is illegal to illegally operate credit card repayment, because credit card repayment involves cashing and credit card repayment, and cashing involves credit card consumption. If you violate the relevant provisions of the state, you use point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, you should be convicted and punished for illegal business operation.

There are several behaviors that constitute the crime of credit card: 1. Using forged credit cards. The use of forged credit cards here refers to the use of forged credit cards to buy goods, withdraw cash from banks or ATMs, and accept various services for payment and settlement by credit cards, such as buying airline tickets, train tickets, paying hotel and restaurant accommodation and meals. 2. Use an invalid credit card. Specifically, it refers to the use of credit cards that have lost their effectiveness for legal reasons. If you use a credit card that has expired; Use a credit card that has been reported lost. 3. Fraudulent use of other people's credit cards. This mainly refers to the behavior of non-cardholders who use the cardholder's credit card in the name of the cardholder to defraud property, such as using the picked-up credit card; Without the consent of the cardholder, use the credit card kept by the cardholder for consumption, etc. In the form of expression, the user is also using someone else's credit card, but this fraudulent use is approved by the cardholder. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively have the purpose of using credit card property, so it does not constitute a crime. 4. Use a credit card for malicious overdraft. The "malicious overdraft" here refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still refuses to return it after being urged by the issuing bank.

Legal basis: Article 7 of the Interpretation of the Supreme People's Republic of China and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management: In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. The amount of the acts mentioned in the preceding paragraph is more than 1 million yuan, or the funds of financial institutions are more than 2, yuan overdue. Or causing financial institutions economic losses of more than 1, yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; The amount is more than 5 million yuan. Or if the financial institution's funds are overdue for more than 1 million yuan, or if the financial institution's economic losses are more than 5, yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card in accordance with the provisions of Article 196 of the Criminal Law.

what is the conviction standard for cashing in credit cards?

conviction standard of credit card cashing: according to the relevant laws of our country, if the circumstances of cashing by credit card are serious, the perpetrator shall be convicted and sentenced for the crime of illegal business operation. Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit line of the card in cash by other means instead of through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee.

Legal Basis

Article 12 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management

In violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, it shall be convicted and punished for the crime of illegal business according to the provisions of Article 225 of the Criminal Law.

Article 225 of the Criminal Law

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, they shall be sentenced to more than five years, and shall also be fined more than one time and less than five times the illegal income or confiscated property.

This is the end of the introduction of the crime of illegal business operation of credit cards and the determination of the crime of illegal business operation of credit cards. Did you find the information you need?