1, it is illegal to cash out with pos machines, but if it is a small cash out, banks will generally not pursue legal responsibilities, but will only take measures such as stopping payment, freezing accounts and reducing credit card limits. Cash out by using the POS machine at the point-of-sale terminal, and if the circumstances are serious, it shall be punished by the crime of illegal business operation.

2. Legal basis; Article 225th of the Criminal Law of People's Republic of China (PRC) stipulates:

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 the illegal income or confiscated property:

(1) dealing in franchised or monopolized commodities 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.

Second, personal credit card cash sentencing standards

1. Credit card cashing is subject to the sentencing standard of the crime of illegal business operation in the Criminal Law. According to the provisions of the Criminal Law, those who engage in illegal business activities in violation of state regulations and disrupt 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 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 his illegal income or his property shall be confiscated.

2. Whoever commits one of the following illegal business operations and disturbs 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, have illegal income; If the fine is 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 the illegal income or confiscated property:

(1) Operating franchised or monopolized commodities 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.