At present, in the use of credit cards (debit cards), it is a common phenomenon to use pos machines to withdraw cash, but many people do not realize that their actions have constituted a crime. Even some POS salespeople use cash withdrawal as a selling point, which will make some users mistakenly think that cash withdrawal is legal. Let's sort out what behaviors are crimes in the process of using credit cards (debit cards), so that everyone can have a comprehensive understanding of credit cards.
1.Cash withdrawal by POS machine (crime of illegal business operation)
POS cash withdrawal can be divided into two groups, one is professional cash withdrawal group and the other is non-professional cash withdrawal group. Professional cash withdrawal groups, they use cash withdrawal and charge corresponding fees, such as professional underground banks and companies that realize cash for others. In this case, it constitutes the crime of illegal business operation, which has been introduced by everyone before, so I won't say it here. Today we will talk about non-professional cash withdrawal groups. These people are not cash-based people, but apply for POS machines for their own business needs. When you or your friends need funds, you can use POS machines to withdraw some cash to cope with the shortage of funds. They don't want to make money, they just charge their friends a handling fee for the cost, or even no fee.
In this case, it is the most common. So does this behavior constitute a crime? Let's analyze it in detail.
Theoretically speaking, the so-called cash withdrawal means that the cardholder makes a fictitious transaction in the merchant, and then the merchant deducts a certain percentage of the handling fee according to the transaction amount and returns your consumption amount to the cardholder in cash. It is not illegal to run commodity trading first and then fund collection and payment. However, it is illegal to use fictitious trading behavior to settle funds, or to make false prices and refunds after trading. In this case, it fully meets the constitutive requirements of the crime of illegal business operation. In other words, it is a crime for a POS machine to withdraw cash, whether it is a professional cash withdrawal or an amateur cash withdrawal, as long as it reaches a certain amount.
Second, borrow chickens to lay eggs (crime of obstructing credit card (debit card) management)
In the previous cases, some parties applied for a large number of credit cards (debit cards) because of insufficient operating funds, but they were unable to apply for large credit cards (debit cards) for their own credit investigation. When the quota is not enough, they borrow credit cards (debit cards) from other friends, and some even put other people's credit cards (debit cards) in their own hands and return them with them. The bank's credit limit for each cardholder is calculated according to his personal economic strength, repayment ability and other factors. In this way, the cardholder will increase the overdraft limit of credit card (debit card) in a different direction. For banks, there is a serious mismatch between the customer's credit and the amount of funds used, and there is a great risk of overdue.
When a person with a very low income holds a large sum of money many times more than his own income, the possibility of repayment will be greatly reduced. Therefore, the relevant national laws and regulations strictly limit this situation. This behavior that hinders the management of credit cards (debit cards) seriously endangers the financial security of financial institutions and needs to be severely punished by criminal means. Only in this way can cardholders not easily touch the bottom line of financial institutions. Therefore, if you hold a large number of other people's credit cards (debit cards) and are using funds that are inconsistent with your credit, even if you can return them on time, it is a crime.
Three. Wholesale and retail type (crime of obstructing credit card (debit card) management)
Some parties just buy credit cards (debit cards) that others voluntarily sell at a low price, and then sell them at a high price, thinking that they don't take cash or swipe credit cards (debit cards), and they are just porters of credit cards (debit cards), thinking that this is not a crime, but it is also a criminal act. This is an act that seriously undermines the management order of credit cards (debit cards), which falls within the scope of severe crackdown by national laws and constitutes a crime.
Credit card (debit card) is a tool that brings us convenient service. Don't take it as our criminal tool, let alone mistake it for legal, and waste your precious time running an illegal business. The final result can only be to sacrifice personal freedom and confiscate all illegal income. This kind of contribution to the national finance is ungrateful.