It is illegal to swipe a credit card with a pos machine. It can constitute crimes such as credit card fraud and illegal business operation. The abbreviation of cash withdrawal generally refers to the exchange of cash benefits by illegal or false means. Cash withdrawal from POS machines is an act of deceiving banks. Its essence 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.

What are the constitutive elements of credit card crime?

1, the object of infringement is the credit card management system and the ownership of public and private property;

2. Objectively speaking, it is the behavior of the actor to defraud public and private property by using credit cards through fictional facts or concealing the truth;

3. The subject is a general subject, and a natural person can be the subject of this crime;

4. Subjectively, it is intentional, and it is direct intentional. Subjectively, the actor must also have the purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute this crime.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC).

Under any of the following circumstances, it constitutes the crime of credit card fraud, and if the amount is relatively large, it 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 fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(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 behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.