Lawyer’s analysis:
1. The cash-out amount exceeds one million yuan, or causes the financial institution’s funds to be overdue for more than 200,000 yuan, or causes financial losses to the financial institution. If the amount exceeds 100,000 yuan, he 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. If the cash-out amount is more than five million yuan, or Cause
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Financial institutions have funds of more than one million yuan Anyone who fails to repay the debt within the time limit or causes economic losses of more than 500,000 yuan to the financial institution 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 the illegal income or have his property confiscated.
Legal basis:
Article 12 of the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstructing Credit Card Management"
Violating national regulations, using point-of-sale terminals (POS machines) and other methods to directly pay cash to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, the person shall be prosecuted in accordance with Article 220 of the Criminal Law. Article 5 provides for conviction and punishment for illegal business operations.
Whoever commits the acts mentioned in the preceding paragraph and the amount exceeds one million yuan, or causes overdue repayment of the financial institution's funds of more than 200,000 yuan, or causes economic losses of more than 100,000 yuan to the financial institution, shall be deemed to have It is a "serious circumstance" stipulated in Article 225 of the Criminal Law; the amount exceeds 5 million yuan, or causes overdue repayment of more than 1 million yuan in financial institutions' funds, or causes economic losses of 500,000 yuan to financial institutions. The above shall be deemed as "particularly serious circumstances" as stipulated in Article 225 of the Criminal Law.
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 the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
Article 225 of the "Criminal Law"
Whoever commits the crime of illegal business operations in violation of national regulations, commits one of the following illegal business operations, disrupts market order, and if the circumstances are serious, shall be sentenced to five years in prison The following fixed-term imprisonment or criminal detention, together with or solely a fine of not less than one time but not more than five times the illegal income, shall be imposed; if the circumstances are particularly serious, the sentence shall be not less than five years of fixed-term imprisonment 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 as stipulated in laws and administrative regulations without permission;
(2) Buying and selling import and export licenses, import and export origins Certificates and other business licenses or approval documents stipulated in laws and administrative regulations;
(3) Illegal operations of securities, futures, and insurance businesses without approval from relevant national competent authorities, or illegal fund payment and settlement Business;
(4) Other illegal business activities that seriously disrupt market order.