1. Is it illegal to use a credit card to cash out?

1. It is illegal to use a credit card to cash out.

(1) Generally, if the circumstances are serious, the person shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or solely be fined not less than one time but not more than five times the illegal income;

(2) Circumstances If the case is particularly serious, the offender shall be sentenced to fixed-term imprisonment of 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 confiscated.

2. Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities, If the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(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.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.

2. What are the constituent elements of the crime of credit card fraud

1. The object of the infringement is the credit card management system and the ownership of public and private property;

2. Objective performance The perpetrator fabricates facts or conceals the truth, and uses credit cards to defraud public or private property;

3. The subject is a general subject, and natural persons can become the criminal subject of this crime;

4. The subjective aspect is intentional.