What should I do if my credit card is cashed out?

1. Avoid repeated card swiping.

2. Avoid multiple minimum payments.

3. Avoid consumption in a single environment.

4. Try to avoid round-number consumption.

Keep an invoice every time we make a purchase. When the credit card is suspected of cashing out, you can provide relevant invoices to prove that your transaction is a normal consumption, so that the bank will remove your suspicion.

Generally, bank cards are divided into credit cards and debit cards according to whether they grant the cardholder a credit limit. In addition, bank cards can also be divided into magnetic stripe cards and chip cards according to different information carriers; divided into domestic cards and overseas cards according to whether the issuer is in the country; divided into personal cards and corporate cards according to different issuing objects; divided into different account currencies. They are RMB cards, foreign currency cards and dual-currency cards.

Debit cards are divided into transfer cards, special cards and stored-value cards according to different functions. Debit cards cannot be overdrawn. Debit cards have the functions of transferring money, depositing and withdrawing cash, and spending money. A special card is a debit card used in a specific area and for special purposes (referring to purposes other than department stores, restaurants, and entertainment industries). It has the functions of transferring funds, depositing and withdrawing cash. A stored-value card is a prepaid wallet-style debit card in which the bank transfers funds to the card for storage at the request of the cardholder and directly deducts funds from the card during transactions.

Debit card [debitcard] can be used for consumption online or at POS, or for transfer and withdrawal through ATM. Overdraft is not allowed, and interest is calculated on the amount in the card based on current deposits. Funds are withdrawn directly from the savings account when spending or withdrawing money. Debit cards generally require a password (PIN) when used. Debit cards can be divided into ordinary cards, gold cards and platinum cards according to their levels; they can be divided into domestic cards and international cards according to their scope of use.

Credit cards are divided into credit cards and quasi-credit cards. A credit card refers to a credit card in which the card-issuing bank gives the cardholder a certain credit limit, and the cardholder can consume within the credit limit first and repay later. A quasi-credit card refers to a credit card in which the cardholder first deposits a certain amount of reserve fund as required by the bank. When the reserve fund is insufficient to pay, the cardholder can overdraw within the credit limit specified by the card-issuing bank.

Creditcard, often called a credit card, refers to a credit card in which the card-issuing bank gives the cardholder a certain credit limit, and the cardholder can consume within the credit limit first and repay later. It has the following features: consume first and repay later, enjoy an interest-free payment period (up to 56 days), and has a minimum repayment amount. Customers can repay in installments if they have overdrafts. Customers need to pay a certain amount of annual fees to the bank they apply for, which differs from bank to bank.

Quasi credit card is a type of credit card with Chinese characteristics. There is no such type of credit card abroad. In the late 1980s, China's banking industry introduced credit card products from abroad. Because China's personal credit system was not very complete at that time, the Chinese banking industry made certain changes to foreign credit card products. The traditional foreign credit card credit card deposits had no interest and overdrafts had an interest-free period. Instead, deposits had interest and overdrafts were not interest-free.

How to punish the crime of credit card cash-out

How to punish the crime of credit card cash-out: 1. According to the laws of our country, the use of point-of-sale terminal machines (POS machines) and other methods in violation of national regulations to fictitious transactions, Direct cash payments to credit card holders through false pricing, cash returns, etc. If the circumstances are serious, they shall be convicted and punished for the crime of illegal business in accordance with Article 225 of the Criminal Law. 2. The Criminal Law also points out that if a cardholder uses the above-mentioned methods to maliciously overdraft for the purpose of illegal possession, he should be held criminally responsible and shall be convicted and punished for credit card crimes in accordance with Article 196 of the Criminal Law. If the cardholder maliciously obtains bank points and redeems them for use through false transactions and other means, it is for the purpose of illegal possession, using fictitious facts or concealing the truth to defraud public or private property. If the amount is large, or it is suspected of constituting a crime stipulated in the criminal law or Contract crimes, etc.

Legal Basis

Article 196 of the "Criminal Law": Credit card crimes include one of the following circumstances: if the amount is relatively large, a person who conducts credit card activities shall be sentenced to not more than five years or criminal detention. A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the amount is huge or there are other serious circumstances, the fine shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed; if the amount is particularly huge or there are other special circumstances In serious cases, a sentence of not less than ten years or a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation may be imposed: (1) Using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate; (2) Using an expired credit card; (3) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. Article 225: Whoever commits the crime of illegal business operations in violation of state regulations and commits one of the following illegal business acts, disrupting market order, and the circumstances are serious, shall be sentenced to a sentence of not more than five years or criminal detention, and concurrently or individually shall be fined not less than one time but not more than five times the illegal income A fine; if the circumstances are particularly serious, the penalty shall be not less than five years, and a fine of not less than one time but not more than five times the illegal income, or property may be confiscated: (1) Unauthorized operation of franchised or exclusive items or other restricted items as prescribed 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 in laws and administrative regulations; (3) Illegal operations of securities, futures, and insurance businesses without the approval of the relevant national competent authorities , or illegally engage in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

How to punish credit card cash-out

Credit card cash-out behavior can be divided into two categories based on the specific behavioral differences of participants: One category is participants who hold credit cards, including Those who apply for a credit card with their true identity and participate in cashing out, those who apply for a credit card with a false identity and participate in cashing out, those who use forged credit cards and use them to cash out; the other category is participants other than those who hold credit cards Others include those who set up POS machines to help cash out by swiping cards, and those who set up online business channels to assist credit card holders in making false remittances or making false transactions. In addition to the above two categories of participants, there may also be other persons who provide assistance, including those who illegally obtain other people’s identity information and use it to apply for credit cards, those who illegally obtain other people’s credit card information and use it to forge credit cards, and those who illegally forge credit cards. Personnel etc. Through an analysis of the related crimes that participants in credit card arbitrage may be involved in, there are mainly the following situations that require attention. 1. Regarding the question of whether an actor who applies for a credit card with his true identity and participates in cashing out constitutes a crime, the key to dealing with it is to judge whether the actor has subjective illegal possession purposes, objectively whether he has malicious overdraft behavior, and the final result. Did it cause significant losses to the card-issuing bank? (1) If the person who applies for a credit card in his true identity and cashes out the credit card can repay the cash-out amount before the due repayment date stipulated by the card-issuing bank, he should not be deemed to have illegal possession, and therefore does not constitute a credit card crime. (2) If the perpetrator cashes out by swiping a card for a relative or friend with his or her knowledge or participation, since it does not have the purpose of illegal possession subjectively, does not have serious consequences objectively, and is an act of mutual assistance between relatives and friends, generally It is not appropriate to identify it as a criminal act under criminal law; (3) If the cardholder uses false consumption and other means to arbitrage, which objectively damages the interests of the card-issuing bank and causes serious consequences, the card-issuing bank may, based on the agreement with the cardholder, , pursue their civil liability.

(4) If the actor who applies for a credit card in his true identity and cashes out the credit card cannot repay the cash-out amount before the due repayment date stipulated by the card-issuing bank, it is necessary to determine whether the actor has subjective illegal possession purposes and objective Whether it constitutes a credit card crime or a crime of fraudulently obtaining a loan will be judged by whether there is any malicious overdraft behavior and whether the consequences cause heavy losses; (5) If the perpetrator realizes a small cash out through online remittance, and the cash out amount is small and the harm is not great, then generally It is not appropriate to identify it as a criminal act under criminal law; (6) If the perpetrator uses an online third-party payment platform to cash out by buying and selling for himself or by colluding in transactions, it will be similar to the way of cashing out by swiping a card on a POS machine for false consumption, and the behavior will Whether a person has a subjective purpose of illegal possession, whether a person has objectively malicious overdraft behavior, and whether the consequences have caused significant losses will determine whether it constitutes a credit card crime or a crime of fraudulently obtaining a loan. 2. Regarding the issue of whether a person who applies for a credit card with a false identity and participates in cashing out or uses a forged credit card and uses it to cash out commits a crime. (1) The act of applying for a credit card with a false identity is one of the objective manifestations of the crime of obstructing credit card management stipulated in Article 177 of the "Criminal Law". At the same time, the act of applying for a credit card with a false identity and participating in cash out falls under the "Criminal Law" Among the credit card crimes stipulated in Article 196 of "Using a credit card fraudulently obtained with a false identity certificate", there is a relationship between the two acts of attracting criminals. (2) The act of using counterfeit credit cards to cash out falls under the "use of counterfeit credit cards" in the credit card crime stipulated in Article 196 of the Criminal Law, and therefore objectively meets the requirements for criminal composition. It should be pointed out that in the process of applying for a credit card with a false identity and participating in cashing out, or using a counterfeit credit card and cashing out, the purpose of determining that the perpetrator constitutes a crime also requires that the perpetrator has the purpose of illegal possession. (3) If an actor applies for a credit card with a false identity and participates in cashing out, or uses a forged credit card and uses it to cash out, the purpose is to defraud the credit card cashing out funds and use them instead of illegally possessing them, and at the same time cause heavy losses to banks or other financial institutions. Or if there are other serious circumstances, it may constitute the crime of obtaining loans by fraud as stipulated in Article 175-1 of the Criminal Law. 3. Whether perpetrators who use POS machines to help cash out by swiping cards or who open online business channels to assist credit card holders in making false remittances or making false sales and cash out constitute a crime. The essence of using POS machines to help cash out by swiping cards or opening online business channels to help credit card holders make false remittances or cash out fake transactions is to make profits by taking advantage of the preferential treatment given to credit card holders stipulated in the current bank card business management regulations. This type of actor participates in the process of cashing out credit cards mainly in the following situations: (1) Using POS machines to assist in cashing out by swiping cards or opening online business channels to assist credit card holders in making false remittances or making false sales and cashing out at the request of the credit card holder; If only a small and reasonable handling fee is charged, and the business of assisting cash out is not the main business, such behavior should not be considered a crime, but an illegal behavior that violates the "Bank Card Business Management Measures" and should be rectified. (2) Using POS machines to assist card swiping for cash out or opening online business channels to assist credit card holders in making false remittances or making false sales and cash out is an active planning and operation by the perpetrator, and it threatens, induces, and defrauds credit card holders in the process of swiping out cards to cash out. After the cash-out process is completed, charging high handling fees, setting up POS machines or opening online business channels mainly for cash-out shall be deemed to be a relatively harmful crime. Within the framework of the current criminal law, according to the provisions of Article 225 of the Criminal Law of our country, the use of POS machines to assist card swiping to cash out or the establishment of online business channels to assist credit card holders in making false remittances or making false purchases and cash out shall be deemed as such. The "illegal engagement in fund payment and settlement business" stipulated in item (3) is essentially the provision of bank card-related services, but because it does not have a financial institution operating license, it objectively damages the interests of the card-issuing bank and jeopardizes the financial order. , should be deemed as illegal business behavior.

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China. Anyone who engages in credit card activities under any of the following circumstances and the amount is relatively large shall be sentenced to not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan and 20 yuan. A fine of not more than 10,000 yuan; if the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the fine shall be not less than 10 years but not more than 10 years. Or, be fined not less than 50,000 yuan but not more than 500,000 yuan or have property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; (2) Using an invalid credit card; (3) ) Pretending to use another person’s credit card; (4) Malicious overdraft. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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. Article 175 Whoever obtains loans, bill acceptances, letters of credit, letters of guarantee, etc. from banks or other financial institutions by deceptive means, causing heavy losses to banks or other financial institutions or other serious circumstances, shall be sentenced to not more than three years or criminal detention. A fine may be imposed concurrently or solely; if a particularly heavy loss is caused to a bank or other financial institution or there are other particularly serious circumstances, the offender shall be sentenced to a fine of not less than three years but not more than seven years. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 177 Whoever interferes with the management of credit cards under any of the following circumstances shall be sentenced to not more than three years or short-term imprisonment, and may also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, he shall be fined Not less than three years but not more than ten years, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed: (1) Holding and transporting credit cards knowing that they are counterfeit, or holding or transporting blank credit cards knowing that they are counterfeit, with a relatively large number Large; (2) illegally holding other people's credit cards in large quantities; (3) using false identity certificates to defraud credit cards; (4) selling, buying, or providing others with forged credit cards or using false identity certificates to defraud others. Got the credit card. Anyone who steals, bribes or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph. Any staff member of a bank or other financial institution who takes advantage of his position to commit the crime in Paragraph 2 shall be severely punished.

What are the penalties for using a credit card?

Legal basis: If a person commits the crime of loan re-loaning, his illegal income reaches 100,000 yuan, or although it does not reach 100,000 yuan, he has transferred the loan at high interest within two years. If a person has received administrative punishment for two or more times and then commits the same criminal act, it constitutes a re-lending and a case shall be filed for prosecution.

Article 175 of the "Criminal Law of the People's Republic of China"

For the purpose of making profits through on-lending, it is illegal to obtain credit funds from financial institutions and on-lend them to others at high interest rates. If the amount of income is relatively large, he shall be sentenced to not less than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; if the amount is huge, he shall be sentenced to not less than three years but not more than seven years, and shall be fined not less than one time but not more than five times the illegal income. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to not more than three years or criminal detention.

"Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)"

Article 26: Extortion for the purpose of re-lending for profit If a financial institution's credit funds are transferred to others at high interest rates and are suspected of one of the following circumstances, a case shall be filed for prosecution:

(1) If the amount of illegal gains is more than 100,000 yuan, the amount of illegal income is more than 100,000 yuan;

p>(2) Although the amount does not meet the above-mentioned amount standards, the applicant has been subject to administrative penalties for re-loaning at high interest rates more than twice within two years, and then re-loaned at high interest rates.

What are the penalties for cashing out credit cards?

Those who violate national regulations by using point-of-sale terminals (POS machines) and other methods to cash out credit cards will be convicted and punished for the crime of illegal business and sentenced to five years. or criminal detention, and concurrently or solely with a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the offender shall be sentenced to not less than five years, and concurrently fined not less than one time but not more than five times the illegal income, or have property confiscated.

Legal Basis

Article 225 of the "Criminal Law"

Violate national regulations, commit one of the following illegal business activities, disrupt market order, the circumstances If the circumstances are serious, the sentence shall be not less than five years or criminal detention, and concurrently or solely a fine of not less than one time but not more than five times the illegal income, or a fine of not less than one time but not more than five times the illegal income; if the circumstances are particularly serious, the sentence may be not less than five years, and concurrently fined not less than one time but not more than five times the illegal income, or property confiscation:

(1) Operating special items or other restricted items stipulated in laws and administrative regulations without permission;

(2) Buying and selling import and export licenses, import and export licenses, etc. Certificate of origin and other business licenses or approval documents stipulated in laws and administrative regulations;

(3) Illegal operation of securities, futures, insurance business without approval of relevant national competent authorities, or illegal engagement of funds Payment and settlement business;

(4) Other illegal business activities that seriously disrupt market order.

How to punish credit card cash out

If the credit card cash out is serious, he shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law, that is, he shall be sentenced to 5 years in accordance with the law. Not more than 5 years in prison or criminal detention, and concurrently or solely a fine of not less than 1 time but not more than 5 times the illegal income, or confiscation of property. Article 12, paragraph 1, of the "Interpretation of the Supreme People's and Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases Obstructing the Management of Credit Cards" stipulates that in violation of national regulations, the use of point-of-sale terminals (POS machines) and other methods to fabricate transactions Direct cash payments to credit card holders by means of false prices, cash returns, etc. If the circumstances are serious, they shall be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law. "Interpretation of the Supreme People's and 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 Violates national regulations and uses point-of-sale terminals (POS machines) and other methods to conduct fictitious transactions, false prices, Direct cash payments to credit card holders through cash returns and other methods, if the circumstances are serious, shall be convicted and punished for the crime of illegal business in accordance with the provisions of Article 225 of the Criminal Law. Those who commit the acts mentioned in the preceding paragraph and the amount exceeds one million yuan, or cause overdue repayment of the financial institution's funds of more than 200,000 yuan, or cause economic losses of more than 100,000 yuan to the financial institution, shall be deemed to be under Article 220 of the Criminal Law. "Serious circumstances" as stipulated in Article 5; if the amount is more than five million yuan, or if it causes the financial institution's funds to be more than one million yuan to be overdue, or if it causes the financial institution's economic loss of more than 500,000 yuan, it shall be deemed a criminal offense. "The circumstances are particularly serious" as stipulated in Article 225. If a cardholder maliciously overdrafts in the above manner for the purpose of illegal possession and should be held criminally responsible, he will be convicted and punished for credit card crimes in accordance with the provisions of Article 196 of the Criminal Law.

This ends the introduction on how to apply for a credit card and whether it is possible to apply for a credit card. Did you find the information you need?