Legal analysis: the essential feature of credit card cashing is to directly convert the credit limit in credit card into cashing through deception. Cash-out funds are out of the normal credit management channels of banks and the management sight and control of regulatory authorities, which seriously undermines the management order of China's financial market and lays an unstable factor for the overall financial order of the country. So it is illegal to cash out credit cards. In violation of state regulations, using point-of-sale terminal equipment (machines) and other means to directly pay cash to credit card holders by fictitious transactions, false prices, cash return and other means. If the circumstances are serious, he shall be punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Previously, due to the lack of a clear legal basis, the bank card industry could only impose soft penalties on cash-out merchants, such as taking back equipment and stopping transactions, and it was difficult to effectively curb the spread of cash-out behavior from the source. The introduction of judicial interpretation will effectively curb the illegal behavior of cash-out merchants.

Legal basis: Article 225 of the Criminal Law of People's Republic of China (PRC), in violation of state regulations, commits one of the following illegal business operations and disrupts market order. 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 be fined not less than one time but not more than five times his illegal income. If the circumstances are especially serious, a fine of not less than one time but not more than five times the illegal income shall be imposed or property shall be confiscated: (1) dealing in franchised or monopolized commodities or other commodities whose trading 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 state departments, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (4) engaging in other illegal business activities that seriously disrupt the market order.