What legal risks do I face if I help others with credit card cash advance?
Helping others with credit card cash advance via POS machine without real transaction is an illegal act, and you may face both administrative and criminal liabilities.
According to the Supreme People's Court and Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Credit Card Fraud, using POS machines to conduct cash advance for credit card holders without real commodity transactions constitutes illegal business operation if the cumulative transaction amount exceeds 1 million yuan, or the illegal gains exceed 100,000 yuan. In such cases, you may be sentenced to fixed-term imprisonment of up to five years or criminal detention, and fined; if the circumstances are particularly serious, the sentence may be longer. Even if the amount does not reach the criminal standard, you may still be punished by financial regulatory authorities with fines or revocation of your POS machine operation qualification.
Practical advice: You should firmly refuse such requests. Do not lend your POS machine to others for non-business purposes, and avoid participating in any form of credit card cash advance activities. If you find others engaging in such illegal acts, you can report them to the local financial supervision department or public security organ to protect your own legal rights and interests.
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