Legal analysis: it is illegal to carry out such behavior, and it is also illegal to cash out credit cards. Credit card cashing can be sentenced to more than ten years. In other words, credit card repayment will not bear criminal responsibility, and non-repayment will bear criminal responsibility. It is illegal to pay cash directly to credit card holders through fictitious transactions, false prices, cash return, etc. By using point-of-sale terminal equipment (POS machines).
Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC), anyone who engages in credit card activities in any of the following circumstances, with a relatively large amount, 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, 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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
What is the crime of cashing in a credit card?
Credit card cashing is punished according to the crime of illegal business operation. If a cardholder uses a credit card to cash out a malicious overdraft, he shall be convicted and punished for a credit card crime. According to the first and third paragraphs of Article 7 of the Interpretation of the Supreme People and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impacting Credit Card Management, in violation of state regulations, cash is directly paid to credit card holders by means of fictitious transactions, false pricing, cash return, etc., and if the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of 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. Article 7 of the Interpretation of the Supreme People 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, directly pays cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc., and 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. If the amount of the act mentioned in the preceding paragraph is more than 6,543.8+0,000 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 6,543.8+0,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or the funds of financial institutions are not returned more than 6.5438+0 million yuan within the time limit, or the economic losses of financial institutions are more than 500,000 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.
How to punish credit card cashing?
Penalty for cashing in credit cards: Article 196 of the Criminal Law, in any of the following circumstances, those who engage in credit card activities with a relatively large amount 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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 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. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law.
The credit card called and said it was maliciously cashed out. Can I brush it the next day?
The credit card called and said it was maliciously cashed out, which was something to be swiped the next day. Malicious cashing of credit cards is an act of withdrawing cash from the credit card limit by illegal means, cashing credit cards by false transactions or paying a certain handling fee to merchants. Will be punished by law.
Is it a crime to cash out with a credit card?
It depends on the specific situation. Credit card cashing is likely to constitute a credit card crime. Credit card is essentially a small credit loan, and the essence of credit card cashing is that merchants collude with cardholders and maliciously take a certain amount of loans from banks in the name of consumption. Credit card cashing behavior can be divided into two categories according to the differences of participants' specific behaviors: one is the participants who hold credit cards, including those who apply for credit cards with real identities and participate in cashing, those who apply for credit cards with false identities and those who use forged credit cards and use them for cashing; The other category is people other than participants who hold credit cards, including those who set up POS machines to help cash in their cards, and those who set up network business channels to help credit card holders make false remittances or make false transactions.
legal ground
Article 196 of the criminal law
Under any of the following circumstances, those who engage in credit card activities with a relatively large amount 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (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.
skill
The above answer is only for the current information combined with my understanding of the law, please refer carefully!
If you still have questions about this issue, I suggest you sort out relevant information and communicate with professionals in detail.
The introduction of malicious withdrawal of credit cards ends here.