What conditions must credit card cash-out meet to be convicted of illegal business operation crime?
According to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law to Criminal Cases Involving Credit Card Crimes (2009), using POS machines or other methods to conduct fictitious transactions, inflate prices, or process cash refunds to directly pay cash to credit card holders constitutes the crime of illegal business operation if any of the following circumstances exist: First, the total amount of cash-out exceeds 1 million yuan; second, the illegal gains amount to more than 100,000 yuan; third, causing the credit card issuer to suffer a loss of more than 200,000 yuan due to the cardholder's failure to repay the loan; fourth, causing other serious consequences or having other serious circumstances.
In your friend's case, whether he is convicted depends on whether his cash-out behavior meets the above thresholds. If the cumulative amount of cash-out, illegal gains, or resulting bank losses have reached the standards, he may face criminal liability. Practical advice: He should immediately stop any non-real transaction cash-out behavior. If he has already engaged in such activities, he should sort out relevant records (like cash-out amounts and handling fees) and consult a professional criminal lawyer promptly to assess risks. If investigated by authorities, he should cooperate actively and state facts truthfully, which may be considered a mitigating factor.
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