Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit limit of the card in cash by other means rather than through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee. Credit card cashing crime is illegal; Credit card cashing refers to the behavior that the cardholder withdraws the funds in the credit limit of the card in cash by other means rather than through normal legal procedures (ATM or counter), and at the same time does not pay the bank withdrawal fee.
Classification of illegal cash withdrawal
1 is the personal behavior of the cardholder. Cardholders play the trick of "others spend their own cards", swipe other people's shopping accounts into their own cards to increase points, and at the same time, shoppers return the cardholders' cash, which really kills two birds with one stone for cardholders. Because many banks launched value-added services while issuing credit cards, and carried out activities such as exchanging consumption points for gifts to stimulate people's enthusiasm for card consumption.
2. The cardholder cooperates with the merchant or some "loan companies" and "intermediary companies", and the cardholder obtains cash by paying the handling fee to the merchant. Generally, the merchant's POS machine is used to make false transactions, and the amount on the credit card is crossed out. Merchants or "loan companies" and "intermediary companies" pay cash on the spot (paying cash to cardholders), and the handling fee paid by cardholders to merchants is lower than that of banks.
3. Cardholders get cash by using some websites or company services, such as Alipay or China Mobile's "Online Prepaid Card Purchase" service.
Legal basis:
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.
Article 7 Whoever, in violation of state regulations, uses point-of-sale terminal equipment (pos machines) to directly pay cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. 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 than 6,543.8+0,000 yuan, or the funds of financial institutions are overdue by more than 200,000 yuan, or the economic losses of financial institutions are more than 6,543.8+0,000 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 the funds of financial institutions are not returned more than 6.5438+0 million yuan within the time limit, or the economic losses of financial institutions are 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.