For the purpose of illegal possession, cardholders do not withdraw cash through formal channels such as ATM machines or bank counters, but maliciously overdraw in the name of false consumption through some illegal intermediaries, and should be investigated for criminal responsibility for the crime of obtaining cash.

The severity of the crime is determined by the amount involved, and the specific criteria are as follows:

1, the amount exceeds one million yuan, or the financial institution loses more than one hundred thousand yuan, which is a serious case;

2, the amount of more than five million yuan, or the financial linked economic losses of more than one million yuan is particularly serious.

According to the seriousness of the crime, you will be punished accordingly.

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 Laws in Handling Criminal Cases of Impairment of Credit Card Management violates state regulations, and directly pays cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by using point-of-sale terminal equipment (POS machines). If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.

If the amount of the act mentioned in the preceding paragraph is more than100000 yuan, or the funds of financial institutions are overdue by more than 200000 yuan, or the economic losses of financial institutions are more than100000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.

If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Article 225 of the Criminal Law of People's Republic of China (PRC) * * violates state regulations and commits one of the following illegal business operations, disrupting market order, and if the circumstances are serious, he 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) without permission, the franchise, monopoly of goods or other goods restricted by laws and administrative regulations;

(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.