1. 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 Obstructing the Management of Credit Cards" stipulates: Violating national regulations, using point-of-sale terminal equipment (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.
2. If the amount of the act in the preceding paragraph is more than 1 million yuan, or if the financial institution's funds are overdue for more than 200,000 yuan, or if the financial institution's economic loss is more than 100,000 yuan, it shall be determined. It is a "serious circumstance" stipulated in Article 225 of the Criminal Law; if the amount exceeds 5 million yuan, or causes overdue repayment of more than 1 million yuan of financial institutions' funds, or causes economic losses of more than 500,000 yuan to financial institutions, It should 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.