What is the penalty standard for cashing out credit cards?
1, malicious overdraft or illegal operation, and the cash amount is 1 ten thousand yuan to 1 ten thousand yuan.
It can be considered that it meets the conditions of "large amount" stipulated in Article 196 of the Criminal Law. Cashing this credit card can be punished with fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.
2. The cash amount of credit card is between 6,543,800 yuan and 6,543,800 yuan.
It can be considered that it meets the conditions of "huge amount" stipulated in Article 196 of the Criminal Law. Such credit card cashing behavior can be punished with fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan.
3. The cash amount of the credit card is above 6,543,800+0,000.
It can be considered that it meets the conditions of "extremely huge amount" stipulated in Article 196 of the Criminal Law. This kind of credit card cashing behavior can be punished with fixed-term imprisonment of not less than 10 years or life imprisonment, and a fine of not less than 50 thousand yuan but not more than 500 thousand yuan or confiscation of personal property.
To sum up, cashing in credit cards, as long as it is discovered, will definitely constitute a crime. If the overdraft amount reaches a certain level, it will be judged according to the amount.
Legal basis:
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) 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.