1. They all create profits for banks. Why is it legal to withdraw cash by credit card, but illegal to cash out?

Because credit card consumption has a prescribed limit and is a physical consumption, but cashing out is to defraud bank funds, which is the same as fraudulent loans, and many people cash out and are unable to repay it, so cashing out is illegal.

2. Taking advantage of bank loopholes to cash out, is it stealing or defrauding?

1. It constitutes a loan crime. It is believed that the behavior was used to obtain a huge amount of bank credit card loans, and his behavior has violated the provisions of Article 193 of the Criminal Law, constituting a loan

Second, it constitutes a crime, and it is a financial institution. It is believed that the perpetrator's behavior of taking bank funds for the purpose of illegal possession constitutes a crime.

3. Constituting a crime. It is believed that the bank's appearance caused the bank staff to fall into a wrong understanding. The behavior of the bank's funds and the property obtained by Zhao and others constituted a crime.

Four deceptive methods to defraud financial institutions for loans, bill acceptances, credit financial institutions for heavy losses or other serious circumstances are in compliance with Article 175. The second constitutes the crime of defrauding financial institutions for loans.

3. Using bank loopholes to cash out, is it stealing or defrauding?

1. Constitute the crime of loan. It is believed that the perpetrator used illegal possession for the purpose of illegal possession and used various methods to obtain a huge amount of bank credit card loans. His behavior has violated the provisions of Article 193 of the Criminal Law and constitutes the crime of loan.

2. It constitutes a crime and it is a financial institution. It is believed that the perpetrator's behavior of secretly stealing bank funds for the purpose of illegal possession, taking advantage of others' ignorance, constitutes a crime.

3. Constituting a crime. It is believed that the actor concealed the truth for the purpose of illegal possession, causing the bank staff to fall into a wrong understanding, and disposed of the bank's funds based on flawed will. The behavior of Zhao and others in obtaining property constitutes a crime.

4. Constitute the crime of defrauding financial institutions for loans. Using deceptive methods to defraud financial institutions for loans, bill acceptances, letters of credit, letters of guarantee and other bill credit, resulting in heavy losses to financial institutions or other serious circumstances, complies with Article 175 and constitutes the second crime of defrauding financial institutions for loans.

IV. How to characterize the use of loopholes in the payment service platform to obtain bank funds

When determining whether the perpetrator of a property crime subjectively has the purpose of illegal possession, the following factors can be considered: Behaviors are identified based on objective aspects: first, whether the property is squandered wantonly; second, whether it is absconding with the money; third, whether it is used for illegal and criminal acts; fourth, whether it is escaping, transferring funds, concealing property, and evading the return of funds; The fifth is to see if they refuse to explain the whereabouts of funds or avoid returning funds.