According to Article 7 of the Interpretation 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 of Impairment of Credit Card Management; Cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of point-of-sale terminals (POS machines). If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation.
Anyone who, for the purpose of illegal possession, helps a cardholder to overdraw in the above way shall be investigated for criminal responsibility, and shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
The reason for this is the following：
1. Pay cash directly to credit card holders through 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.
2. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
"Cash-out by credit card" refers to the behavior that the cardholder does not withdraw cash through normal legal procedures (ATM or counter), but withdraws the funds in the credit line of the card in cash by other means, without paying the bank withdrawal fee.
For the increasingly fierce credit card cashing behavior in recent years, the central bank is studying to record the cardholder's cashing behavior in the personal credit information system, which directly affects his personal credit record.
The legal consequences of helping people return their credit cards and then spending them by credit card;
1, in violation of state regulations, using point-of-sale terminal equipment (POS machines) and other methods, 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.
2. If the amount of acts listed in the preceding paragraph is more than 6,543.8+0,000 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 6,543.8+0,000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law.
3. If the amount is more than 5 million yuan, or the funds of financial institutions are not returned more than 6.5438+0 million yuan within the time limit, or the economic losses of financial institutions are more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.
4. If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
Legal basis:
Criminal law of the people's Republic of China
Article 196 Whoever commits credit card fraud under any of the following circumstances, if the amount is relatively large, 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; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(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.