If a cardholder maliciously overdraws his credit card for the purpose of illegal possession, he shall be investigated for criminal responsibility and can be convicted of credit card fraud according to the provisions of the Criminal Law. It is very likely that the credit card will be frozen due to the cashing of the credit card. After each credit card is issued, the bank will supervise and record its transactions. The issuing bank can easily identify the credit card cashing behavior and seriously investigate the criminal responsibility of the cardholder.
According to the relevant laws and regulations, in violation of state regulations, using point-of-sale terminals (POS machines) and other means to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return and other means. If the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of the Criminal Law of People's Republic of China (PRC). If the amount is more than 6,543,800 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 6,543,800 yuan, it shall be deemed as "serious circumstances" as stipulated by relevant laws; If the amount is more than 5 million yuan, or the overdue funds of financial institutions are more than 6.5438+0 million yuan, 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 by relevant laws.
legal ground
Criminal law of the people's Republic of China
Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he 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 for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order. 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.
Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.