Legal analysis: crime of illegal business operations. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession, he shall be held criminally responsible. Article 196 of the Criminal Law shall stipulate that the cardholder shall be convicted and punished for the crime of credit card fraud. A few POS machines and a stack of credit cards can generate millions or even tens of millions of dollars in cash out of thin air. For this kind of "empty-handed" transaction, the police believe that this is an emerging form of economic crime. As early as a few years ago, police across the country stepped up their efforts to crack down on illegal cash-out of credit cards across the city. Cash-out means that credit card holders do not withdraw cash through formal channels such as ATMs or bank counters, but obtain cash through some illegal intermediaries in the name of false consumption. The specific method is that after the cardholder swipes the card at the merchant, the merchant will return the remaining amount after deducting the handling fee to the cardholder in cash, so as to convert the credit limit into cash. At present, the phenomenon of using credit cards to cash out has become an open secret in some commodity trading markets in our city.

Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" Article 12 Use point-of-sale terminals (POS machines) and other methods to Direct cash payments to credit card holders through fictitious transactions, false prices, cash returns, etc., and if the circumstances are serious, they shall be convicted and punished for the crime of illegal business operations in accordance with Article 225 of the Criminal Law.