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Crime of illegal business operation by cashing in credit cards
Legal analysis: As far as the infringed legal interests are concerned, the act of cashing in a credit card constitutes the crime of illegal business operation because the perpetrator converted the credit limit of a credit card into cash in disguise without real commodity transactions, thus putting the funds of financial institutions in a high-risk state and seriously disrupting the national financial management order. According to Article 7 of the Judicial Interpretation of Credit Card Management Impairment (detailed below), 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, 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. Whoever commits the acts listed in the preceding paragraph, the amount of which is more than 654.38 million yuan, or causes the overdue funds of financial institutions to be more than 200,000 yuan, or causes the economic losses of financial institutions to be more than 654.38 million yuan, shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of not less than six months but not more than five years or criminal detention, and shall also be fined not less than five million yuan for illegal gains. Or fails to return the funds of financial institutions more than 6,543,800 yuan within the time limit, or causes economic losses of financial institutions more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law, and shall be sentenced to fixed-term imprisonment of more than five years, with a fine of more than one time and less than five times the illegal income or confiscation of property.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, shall be sentenced to fixed-term imprisonment of 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, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:

(a) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;

(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.