Current location - Trademark Inquiry Complete Network - Overdue credit card - Is it illegal to swipe a credit card with a personal pos machine?
Is it illegal to swipe a credit card with a personal pos machine?
Legal analysis: it is illegal to cash out with pos machines, which 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.

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits the crime of credit card fraud under any of the following circumstances. If the amount is relatively large, he 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, or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or if there are other particularly serious circumstances, he shall be fined not less than 50,000 yuan but not more than 500,000 yuan.

(1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity; (2) Using an invalid credit card; (3) Fraudulent use of another person's credit card; Or (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.