According to the Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Impairment of Credit Card Management
Article 12
In violation of state regulations, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc. by means of 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 acts listed in the preceding paragraph is more than one million yuan, or the funds of financial institutions are more than 200,000 yuan overdue, or the economic losses of financial institutions are more than 100,000 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.
2. cash, short for cash, generally refers to obtaining cash benefits by illegal or false exchange means. Mostly used for credit card cashing, provident fund cashing, securities cashing, etc.
The second is the punishment for the crime of cashing in suspected illegal business operations.
criminal law
Article 225
The crime of illegal business operation violates the provisions of the state and commits one of the following illegal business operations, disrupting the market order, and if the circumstances are serious, it 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.
Cash-out is an act of obtaining cash benefits by illegal or false means. Those who cash in a large amount are still suspected of committing illegal business operations. Once convicted, the person who carries out cash withdrawal may be sentenced by the court. Of course, not everyone will be subject to criminal punishment after cashing out.
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