Is it illegal to use your own POS machine to swipe other people s cards for a total of more than 5 m

Hello, cashing out is illegal. Recently, the state has also vigorously rectified it, but this phenomenon is still emerging. There is no benefit to cashing out, it affects your creditworthiness and your creditworthiness decreases.

Many financial institutions are more concerned about the creditworthiness of customers. There is also a risk of being scammed, so it is not recommended to cash out. If you are using money, you can investigate some formal platforms with guaranteed security.

For example, if you have money to spend, you can approve it in 30 seconds and disburse the loan in 3 minutes at the earliest. You can repay the loan early, and you can revert to the amount of revolving loan after repayment, I hope this will help you. This answer is provided by Youqianhua, which is a credit service brand under Du Xiaoman Finance (formerly Finance), with a reliable interest rate and low interest rate, click below on the mobile phone to measure the amount immediately, and the maximum amount of borrowing is 200,000.

If your credit card is swiped on your own POS machine, it will be recognized as a cash-out transaction and the card will be blocked, and in serious cases, it will be recognized as illegal business operation and violation of criminal law. See the following main points to pay attention to in the healthy use of credit cards: 1. Cardholders can use credit cards as much as possible to pay for daily consumption, especially to increase the expenditure of large amounts of consumption (except for wholesale consumption, frequent payment of wholesale consumption is not only not conducive to increasing the credit limit, but may also be suspected of illegal cash-out). 2. After several months of continuous consumption, you can take the initiative to apply to the bank, and the card department will decide whether to increase the limit according to the cardholder's consumption record.

After the limit is increased, it can be used for a period of time, and after about three months, you can apply to the bank again to gradually increase the credit limit. 3. Provide proof of asset income to take the initiative to provide proof of asset income to the bank, and the more detailed the supporting materials provided, the higher the income, and the higher the credit limit approved by the bank. 4. Repay the loan in full and on time: Try to repay the loan in full and on time every month.

Repayment is an important part of credit card records, and cardholders should try to avoid paying interest beyond the interest-free period due to untimely repayment, otherwise it will not only be detrimental to improving the credit limit, but may also cause stains on credit history. 5. If there is a need for large consumption of the temporary increase quota, you can temporarily propose a temporary increase in the quota to the bank. The general term is one month, and some banks will take the initiative to increase the credit card limit during holidays.

After the cardholder requests a limit increase, the bank will determine the final limit increase by reviewing the cardholder's spending needs and past card usage records.

Legal analysis: It is not illegal for individuals to use POS machines, but improper use may constitute violations or crimes.

Legal basis: Article 177 of the Criminal Law of the People's Republic of China [Crime of forging or altering financial documents; Obstruction of credit card management; Crime of stealing, buying, or illegally providing credit card information] In any of the following circumstances, anyone who forges or alters financial documents is to be sentenced to up to five years imprisonment or short-term detention, and a fine of between 20,000 and 200,000 RMB is to be given; where the circumstances are serious, a sentence of between 5 and 10 years imprisonment and a concurrent fine of between 50,000 and 500,000 RMB is to be given; where the circumstances are especially serious, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine of between 50,000 and 500,000 RMB or confiscation of property: (1) forging or altering bills of exchange, promissory notes, or checks; (2) Forging or altering entrustment receipts, remittance vouchers, bank deposit receipts, or other bank settlement vouchers; (3) Forging or altering the letter of credit or the accompanying documents or documents; (4) Forging credit cards.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph. In any of the following circumstances, where credit card management is obstructed, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine of between 10,000 and 100,000 RMB; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine of between 20,000 and 200,000 RMB is to be given: (1) Possessing or transporting a credit card that is clearly known to be a forgery is a credit card, or possessing or transporting a blank credit card that is clearly known to be a forgery, and the amount is relatively large; (2) Illegally possessing other people's credit cards, in relatively large quantities; (3) Using false identification to fraudulently obtain credit cards; (4) Purchasing or providing others with a forged credit card or a credit card fraudulently obtained with false identification.

Those who steal, buy, or illegally provide others' credit card information and materials are to be punished in accordance with the provisions of the preceding paragraph. Where staff members of banks or other financial institutions take advantage of their positions to commit the crimes in the second paragraph, they are to be given a heavier punishment.

Summary. It is illegal to cash out with POS machines, which can constitute credit card fraud, illegal business operations and other crimes.

Hello, I am a legal consulting lawyer of the platform, I am reading your question, please wait for me a little longer

Use someone else's POS machine to swipe your credit card to help him cash out and lend him money, who violates the law seriously, and what punishment should be given.

Regardless of whether you use your own or not, as long as it is cashed out, it is illegal.

It is illegal to cash out with POS machines, which can constitute credit card fraud, illegal business operations and other crimes.

If it was he who forced me to give him evidence of the existing chat logs.

Then you can call the police to deal with it.

Basically, you're doing this illegally.

If the credit card amount exceeds 1 million, you can be sentenced. So try not to lend to others for a credit card.

Your behavior may lead to other people's POS machines being blocked, which is not a good behavior, and it is best not to do it.

The so-called cash-out, Hui Zao is the behavior of the cardholder using a credit card to swipe the card on the merchant's POS machine with a false transaction behavior, and after paying a certain fee, he or she gets the cash (or the deposit deemed as cash) withdrawn from the merchant.

This kind of behavior is illegal in nature, and the merchants who provide cash-out behavior are involved in the crime of illegal business operation. Although the cardholder who cashes out does not bear the crime of illegal business operation, such an act is undoubtedly an accompaniment to the crime of illegal business operation.

This is the end of the consultation here, if you have other legal issues here, you can click on my avatar, and follow me to conduct a ** consultation and ask Qingtong trouble, Xilun Qin hopes that your problem can be solved smoothly as soon as possible!

Legal analysis: It is not illegal, it is illegal to cash out, and swiping a savings card is not a cash-out, and a credit card can be cashed out. How to sentence suspected of fraud and illegal cash-out depends on the amount of cash-out, and if the cash-out amount causes an economic loss of more than 100,000 yuan to a financial institution, criminal responsibility needs to be investigated.

Legal basis: Article 225 of the Criminal Law of the People's Republic of China: Where state regulations are violated by committing any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.

It is also illegal to run your own POS machine and swipe your own card. POS machine cashing out is an act of defrauding the bank, which is essentially a collusion between the merchant and the cardholder to maliciously withdraw a certain amount of loan from the bank in the name of consumption, which is suspected of loan fraud with fictitious facts to a certain extent. In addition, China's "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Obstruction of Credit Card Management" also has corresponding provisions on this:

Where state regulations are violated by using methods such as point-of-sale terminals (POS machines) to make direct cash payments to credit card holders by means such as fictitious transactions, false openings, or cash returns, and the circumstances are serious, they shall be convicted and punished as the crime of illegal business operations in accordance with the provisions of the Criminal Law. Where the conduct in the preceding paragraph is carried out and the amount is 1,000,000 RMB or more, it shall be found to be "serious circumstances" as provided for in the Criminal Law's crime of illegal business operations.

Legal Analysis: Case-by-case analysis. Using a POS machine to swipe a credit card for others is an illegal business crime.

Legal basis: "Criminal Law of the People's Republic of China" Article 225 Whoever violates state regulations by engaging in one of the illegal business activities listed in the Celebration Schedule, disrupting market order, and the circumstances are serious, is to be sentenced to up to five years imprisonment or short-term detention, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, the sentence is to be five or more years imprisonment and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Law in the Handling of Criminal Cases of Obstructing the Management of Xinlu Destruction of Cards》 Article 7: Where state provisions are violated by using methods such as point-of-sale terminals (POS machines) to directly pay cash to credit card holders through methods such as fictitious transactions, false openings, or cash returns, and the circumstances are serious, it shall be convicted and punished as the crime of illegal business operations on the basis of article 225 of the Criminal Law.

Legal analysis: It is illegal to use POS machines to cash out, which can constitute credit card fraud, illegal business operations and other crimes. Cash-out, the abbreviation of cash-out, generally refers to the use of illegal or false means to obtain cash benefits.

POS machine cashing out is an act of defrauding banks, which is essentially a conspiracy between merchants and cardholders to maliciously take out a certain amount of loans from banks in the name of consumption, which is suspected of loan fraud with fictitious facts to a certain extent.

Legal basis: Criminal Law of the People's Republic of China: Article 196: In any of the following circumstances, where credit card fraud is carried out, and the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given, and a concurrent fine of between 20,000 and 200,000 RMB is to be given, where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given, and where the fine is between 50,000 and 500,000 RMB, where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given. and a fine of between 50,000 and 500,000 RMB or confiscation of property

1) Using a forged credit card, or using a credit card fraudulently obtained with false identification, (2) Using an invalid credit card, (3) Fraudulently using another person's credit card, or (4) maliciously overdrafting.

"Malicious overdraft" as used in the preceding paragraph refers to the conduct of a cardholder who overdraws beyond the prescribed limit or within the prescribed time limit for the purpose of illegal possession, and does not return it after being collected by the card-issuing bank.