Legal analysis: Cashing out credit cards through false transactions and other methods, if the circumstances are serious, will constitute a crime.
1. Violate national regulations by 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, They should be convicted and punished for the crime of illegal business operations in accordance with the provisions of Article 225 of the Criminal Law.
2. If the amount of the act in the preceding paragraph is more than one million yuan, or the financial institution's funds are overdue for more than 200,000 yuan, or the financial institution's economic loss is more than 100,000 yuan, It should be determined that the amount of "serious circumstances" specified in Article 225 of the Criminal Law is more than five million yuan, or it causes the financial institution's funds to be overdue for more than one million yuan, or it causes the financial institution's economic loss of five million yuan. If the amount exceeds 100,000 yuan, it shall be deemed as "particularly serious circumstances" as stipulated in Article 225 of the Criminal Law.
3. 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 fraud in accordance with Article 196 of the "Criminal Law" .
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 Violating national regulations, using point-of-sale terminals (POS machines) Direct cash payments to credit card holders through fictitious transactions, false prices, cash returns, etc. If the circumstances are serious, they 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. If the amount of "serious circumstances" specified in Article 5 is more than 5 million yuan, or if the financial institution's funds are overdue for more than 1 million yuan, or if the economic loss of the financial institution is more than 500,000 yuan, it shall be deemed as an offense under Article 5 of the Criminal Law. "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 fraud in accordance with the provisions of Article 196 of the Criminal Law.