Legal analysis: Shell companies set up loans suspected of loan crimes. Crime refers to the act of defrauding a large amount of public or private property by fabricating facts or concealing the truth for the purpose of illegal possession. The perpetrator committed fraud, which made the other party have a wrong understanding. The misunderstanding of the other party is caused by the fraud of the perpetrator. Even if the other party has some misjudgments, it does not prevent the fraud from being established.
Legal basis: Article 193rd of the Criminal Law of People's Republic of China (PRC) is under any of the following circumstances. Whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) fabricating false reasons such as introducing funds and projects; (two) the use of false economic contracts; (3) using false documents; (four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral; (5) Loans in other ways.
What are the consequences of cashing out?
First of all, credit card cashing has increased the unstable factors of China's financial order.
China has a strict access system for financial institutions and a series of strict regulations to monitor the inflow and outflow of funds from financial institutions. Those criminals and merchants who use virtual POS machines to swipe their cards together and engage in cash withdrawal by credit cards in disguised form are outside the legal framework, which violates the national legal provisions on financial business franchising and deviates from the relevant provisions of the People's Bank of China on cash management.
It may also provide convenient conditions for illegal acts such as "",which undoubtedly lays an unstable factor for China's overall financial order. In addition, the increase of bank risks and the formation of a large number of non-performing loans will also destroy the social credit environment and hinder the healthy development of the credit card industry.
Secondly, the harm of illegal cash withdrawal to the issuing bank is enormous. Most credit cards are unsecured lending instruments. As long as the cardholder makes a consumption, the bank will bear the repayment risk.
Therefore, in general, banks guard against overdraft risk through high overdraft interest or cash withdrawal fees. The act of cashing in credit cards just circumvents the high cash withdrawal fee set by banks and crosses the bank's prevention threshold. In particular, some loan intermediaries help cardholders forge identity materials and constantly increase the credit card quota, which greatly interferes with the normal business of banks and brings great risks.
Because of holding a large amount of cash, the cardholder is tantamount to obtaining an interest-free and unsecured personal loan. However, the issuing bank cannot know the purpose of these funds, and it is difficult to identify and track them effectively. In fact, the credit risk of credit card has evolved into the credit risk of investment or speculation. Once the cardholder can't repay the cash amount, the bank loses not only the loan interest, but also a lot of assets.
Finally, for the cardholder personally, the credit card cashing behavior also brings great risks to himself. On the surface, cardholders get cash by cashing out, which reduces interest expenses, but in essence, cardholders need to repay after all. If the cardholder can't repay the loan on time, he must bear the overdue repayment interest higher than the overdraft interest, which may cause a bad credit record. It will be very difficult to borrow money from the bank in the future, and even bear the legal risk of personal credit loss.
Extended data
Classification of credit card cashing behavior
First, the cardholder's personal behavior, the cardholder plays the trick of "others spend their own cards", swipes other people's shopping accounts into their own cards to increase points, and at the same time, the shopper returns the cardholder's cash, which can kill two birds with one stone for the cardholder. Because many banks have launched value-added services while issuing credit cards, they have carried out activities such as exchanging consumption points for gifts to show people's enthusiasm for card consumption.
Second, cardholders cooperate with merchants or some "loan companies" and "intermediary companies", and cardholders get cash by paying fees to merchants. 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.
Third, cardholders use some websites or company services to get cash, such as Alipay or China Mobile's online prepaid card service to get cash.
Fourth, small cash withdrawals are free. The method is that in some shopping malls or other places where credit cards can be used, cardholders pay in cash when they check out, and cashiers will collect cash first and then use credit cards to brush out the corresponding consumption, so as to achieve the purpose of small cash withdrawal.