1. According to Article 7 of the 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, cash is paid directly to credit card holders by means of fictitious transactions, false pricing, cash return, etc., and if the circumstances are serious, it is convicted and punished for illegal business operations.
2. 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 the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.
Article 196 Credit card fraud and theft
Whoever commits credit card fraud in any of the following circumstances, if the amount is relatively large, 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(1) Use a forged credit card, or use a credit card fraudulently obtained with false identification;
(2) Using an invalid credit card;
(3) Fraudulent use of another person's credit card;
(4) malicious overdraft.
Extended data:
Lawyer: "Raising a card" is definitely illegal.
This is a kind of fraud.
1. The relevant person in charge of credit card handling of Guangzhou Construction Bank also said in an interview with reporters yesterday that "raising cards" is definitely illegal. She said that credit card is a way to use non-cash transactions to facilitate citizens' physical consumption. For example, cardholders are absolutely not allowed to use their own POS machines for false consumption, which is illegal. It is also very dangerous for cardholders to give important information such as credit cards and passwords to others at will.
2. Han, a lawyer of Guangdong Qiyuan Law Firm, said that such a "card-raising" behavior is actually a partnership between the cardholder and the cardholder to defraud the bank, which is prohibited by law, and the cardholder did not sign a written agreement with the cardholder before delivering the "card-raising". Once there is a debt dispute, it is very difficult to pursue it.
References:
Phoenix. Com's "Nobody cares about credit cards for half a year, raising the vigilance trap of card owners"