How to apply for a credit card?

What if the credit card finds out the cash?

1 to avoid repeated swiping.

2. Avoid multiple minimum repayments.

3. Avoid single environmental consumption.

4. Try to avoid integer consumption.

Leave an invoice every time you spend. When the credit card is suspected of cashing out, we can provide relevant invoices to prove that your transaction is normal consumption, so that the bank will remove your suspicion.

Under normal circumstances, bank cards are divided into credit cards and debit cards according to whether credit lines are granted to cardholders. In addition, bank cards can be divided into magnetic stripe cards and chip cards according to different information carriers; According to whether the issuer is in China, it is divided into domestic cards and overseas cards; It is divided into personal cards and unit cards according to different issuers; According to the different currencies of accounts, they are divided into RMB cards, foreign currency cards and dual currency cards.

Debit cards are divided into transfer cards, special cards and stored value cards according to different functions. Debit cards cannot be overdrawn. The transfer card has the functions of transfer, cash deposit and withdrawal and consumption. Special card is a special-purpose debit card used in a specific area (except for department stores, restaurants and entertainment industries). It has the functions of transferring money and depositing and withdrawing cash. Stored value card is a prepaid wallet debit card in which the bank transfers funds to the card for storage according to the cardholder's requirements, and directly deducts money from the card during the transaction.

Debit card can be used for online or POS consumption or ATM transfer and withdrawal, and cannot be overdrawn. Interest is paid on the amount in the card according to the current deposit. When spending or withdrawing money, the funds are directly withdrawn from the savings account. Debit cards usually require a password when used. Debit cards can be divided into ordinary cards, gold cards and platinum cards according to their grades; According to the scope of use, it can be divided into domestic cards and international cards.

Credit cards are divided into credit cards and quasi-credit cards. Credit card refers to the credit card that the issuing bank gives the cardholder a certain credit limit, and the cardholder can spend first and then repay. Quasi-credit card refers to a credit card in which the cardholder deposits a certain amount of reserve fund according to the requirements of the bank, and when the reserve fund is insufficient to pay, it can be overdrawn within the credit limit stipulated by the issuing bank.

Creditcard, usually called credit card, refers to a credit card that the issuing bank gives the cardholder a certain credit limit within which the cardholder can spend first and then repay. It has the following characteristics: consumption before repayment, interest-free repayment period (up to 56 days), minimum repayment amount, and repayment by installments when customers overdraw. Customers need to pay a certain annual fee to the bank they apply for, and each bank is different.

Quasi-credit card is a kind of credit card with China characteristics, and there is no such credit card abroad. At the end of 1980s, China banking introduced credit card products from abroad. Because the personal credit system in China was not perfect at that time, China's banking industry carried out some reforms on foreign credit card products, changing the traditional interest-free and interest-free overdraft of foreign credit card deposits into deposit interest-bearing and overdraft interest-bearing ones.

How to punish the crime of cashing in credit cards

How to punish the crime of cashing in credit cards: 1. According to China's laws and regulations, in violation of state regulations, using point-of-sale terminal equipment (POS machines) to directly pay cash to credit card holders by fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Secondly, the criminal law also points out that if a 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 in accordance with the provisions of Article 196 of the Criminal Law. However, if the cardholder maliciously obtains bank points through false transactions and redeems them for use, it is for the purpose of illegal possession, defrauding public and private property by fictional facts or concealing the truth, such as a large number, or suspected of constituting a crime or contract crime as stipulated in the Criminal Law.

legal ground

Article 196 of the Criminal Law Whoever commits the crime of credit card shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention under any of the following circumstances, 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using 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. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Article 225 Whoever, in violation of State regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or his property shall be confiscated: (1) operating a franchise or monopoly commodity or other commodities whose trading is restricted by laws and 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 stipulated by laws and administrative regulations; (three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business; (four) other illegal business activities that seriously disrupt the market order.

How to punish credit card cashing?

Credit card cashing behavior can be divided into two categories according to the differences of participants' specific behaviors: one is the participants who hold credit cards, including those who apply for credit cards with real identities and participate in cashing, those who apply for credit cards with false identities and those who use forged credit cards and use them for cashing; The other category is people other than participants who hold credit cards, including those who set up POS machines to help cash in their cards, and those who set up network business channels to help credit card holders make false remittances or make false transactions. In addition to the above two types of participants, there may be other people who help others, including those who illegally obtain other people's identity information and use it to handle credit cards, those who illegally obtain other people's credit card information and use it to forge credit cards, and those who illegally forge credit cards. Through the analysis of the related crimes that may be involved in the credit card cashing behavior, there are mainly the following situations that need attention. 1. Regarding whether it constitutes a crime for an actor to apply for a credit card in his true identity and participate in cashing, the key to handling is to judge whether the actor has the objective of illegal possession subjectively, whether there is malicious overdraft objectively, and whether it has caused great losses to the issuing bank in the end. (1) If the actor applies for a credit card in a real identity and cashes in, and can repay the cashed-in amount before the due repayment date stipulated by the issuing bank, it should not be considered as having the purpose of illegal possession, so it does not constitute a credit card crime. (2) If the actor cashes in for relatives and friends with his own knowledge or participation, it should not be considered as a general criminal act because it has no subjective purpose of illegal possession and no serious consequences objectively, and it belongs to mutual assistance between relatives and friends; (3) If the cardholder uses false consumption and other means to implement condom use, which objectively damages the interests of the card-issuing bank and causes serious consequences, the card-issuing bank may investigate its civil liability according to the agreement with the cardholder. (4) If the actor applies for a credit card in his true identity and cashes in the credit card, and cannot repay the cashed-in amount before the due repayment date stipulated by the issuing bank, it is necessary to determine whether the actor has committed the crime of illegal possession subjectively, whether there is malicious overdraft objectively, and whether it has caused great losses in the consequences. (5) If the perpetrator cashes in a small amount through online remittance, and the cash amount is small and the harm is not great, it should generally not be considered as a criminal act in criminal law; (6) Whether the perpetrator uses the online third-party payment platform to buy or sell or collude with others to cash out is similar to the way of using fake POS machines to cash out, whether it constitutes a credit card crime or a crime of defrauding loans can be judged from the subjective purpose of illegal possession and the objective malicious overdraft behavior and consequences. 2. Whether it is a crime for the actor to apply for a credit card with a false identity and participate in cash withdrawal or cash withdrawal with a forged credit card. (1) The act of applying for a credit card with a false identity is one of the objective manifestations of the crime of obstructing credit card management stipulated in Article 177 of the Criminal Law, and the act of applying for a credit card with a false identity and participating in cash withdrawal is the crime of "using a credit card fraudulently obtained with a false identity certificate" stipulated in Article 196 of the Criminal Law, and there is a connection between them. (2) The act of using a forged credit card and cashing it out belongs to "using a forged credit card" in the credit card crime stipulated in Article 196 of the Criminal Law, which objectively meets the requirements of the crime constitution. It should be pointed out that in the process of applying for a credit card with a false identity and participating in cashing out, or in the process of using a forged credit card and cashing out, it is also necessary for the perpetrator to have the purpose of illegal possession to determine that the perpetrator constitutes a crime. (3) If the actor applies for a credit card under a false identity and participates in cash withdrawal or uses a forged credit card for the purpose of defrauding credit card cash withdrawal funds and using them instead of illegally possessing them, and at the same time causing heavy losses to banks or other financial institutions or other serious circumstances, it may constitute the crime of defrauding loans as stipulated in Article 175-1 of the Criminal Law. 3. Whether it constitutes a crime to use POS machines to assist credit card cashing or open network operation channels to assist credit card holders in making false remittances or cashing false transactions. The use of POS machines to assist credit card cashing or to set up network business channels to assist credit card holders in making false remittances or buying and selling cash is essentially to benefit from the preferential treatment given to credit card holders as stipulated in the current Measures for the Administration of Bank Card Business. The process of this actor's participation in credit card cashing mainly includes the following situations: (1) Using POS machines to assist credit card cashing or setting up network business channels to assist credit card holders in making false remittances or buying and selling cash is carried out at the request of credit card holders, and only a small amount of reasonable handling fees are charged. The auxiliary cash-out business is not the main business. This behavior should not be regarded as a crime, but an illegal act that violates the Measures for the Administration of Bank Card Business and should be rectified. (2) Using POS machines to assist credit card cashing or setting up network operation channels to assist credit card holders to make false remittances or make false business cashing is an act of the actor actively planning operations, threatening, luring and deceiving credit card holders during the cashing process, and charging high handling fees after the cashing process is completed. If setting up a POS machine or setting up a network operation channel is mainly used for cashing out, it should be considered as a criminal act with great harm. Within the framework of the current criminal law, according to the provisions of Article 225 of China's criminal law, the act of using POS machines to assist credit card cashing or setting up online business channels to assist credit card holders in making false remittances or making false cash transactions should be recognized as "illegal fund payment and settlement business" as stipulated in Item (3) of this article. Because it essentially provides bank card-related services, because it does not have a business license of a financial institution, it should be regarded as illegal business, which objectively harms the interests of the issuing bank and endangers the financial order. Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) engages in credit card activities under any of the following circumstances. If the amount is relatively large, he 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 and fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated: (1) using a forged credit card or using 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. The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank. Anyone who uses a credit card at the same time shall be convicted and punished in accordance with the provisions of Article 264 of this Law. 175th to obtain loans, acceptance bills, letters of credit, guarantees, etc. Whoever defrauds a bank or other financial institution of funds, thus causing heavy losses to the bank or other financial institution or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. Article 177 Whoever, under any of the following circumstances, hinders the management of credit cards shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also, or shall only, be fined not less than 10,000 yuan but not more than 100,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan: (1) Holding and transporting a forged credit card knowingly, or holding and transporting a forged blank credit card knowingly, with a relatively large amount; (2) Illegally holding other people's credit cards, with a relatively large number; (3) using false identification to defraud credit cards; (4) Selling, purchasing or providing others with forged credit cards or obtaining credit cards by fraudulent means. Whoever steals, buys or illegally provides credit card information of others shall be punished in accordance with the provisions of the preceding paragraph. Any employee of a bank or other financial institution who takes advantage of his position to commit the crime mentioned in the second paragraph shall be given a heavier punishment.

What is the penalty for applying for a credit card?

Legal basis: if an individual commits the crime of lending, and the illegal income reaches100000 yuan, or the illegal income does not reach100000 yuan, but he has been subject to administrative punishment for lending at high interest rate for more than two years, and it has constituted the maximum amount of lending at the time of the crime, so he should file a case for prosecution.

Article 175 of the Criminal Law of People's Republic of China (PRC)

For the purpose of lending, if the amount of illegal income is relatively large, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs (II)

Twenty-sixth for the purpose of lending, taking credit funds from financial institutions and lending them to others at a high profit, which is suspected of one of the following circumstances, shall be filed for prosecution:

(1) Lending with high interest rate, and the illegal income is more than 100,000 yuan;

(two) although it does not meet the above amount standard, it has been subject to administrative punishment for lending at high interest rate for more than two times in two years, and it has also lent at high interest rate.

How to punish credit card cashing?

In violation of state regulations, cashing out credit cards by selling terminal equipment (POS machines) and other methods, if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation, be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property.

legal ground

Article 225 of the Criminal Law

Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times the illegal income or confiscated property:

(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and 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 stipulated by laws and administrative regulations;

(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;

(four) other illegal business activities that seriously disrupt the market order.

How to punish credit card cashing?

If the credit card is cashed out, if the circumstances are serious, it shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law, that is, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention according to law, and shall also or only be fined not less than 1 times but not more than 5 times the illegal income. If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than/kloc-0 but not more than 5 times of illegal gains or confiscation of property. Paragraph 1 of Article 12 of the Interpretation of the Supreme People 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 stipulates that in violation of state regulations, those who use point-of-sale terminal equipment (POS machines) and other methods to directly pay cash to credit card holders by fictitious transactions, false pricing, cashback, etc., if the circumstances are serious, shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. Article 12 of the Interpretation of the Supreme People's Republic of China 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 violates state regulations and directly pays cash to credit card holders by means of fictitious transactions, false pricing, cash return, etc. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law. If the amount of the act mentioned in the preceding paragraph is more than100000 yuan, or the funds of financial institutions are overdue by more than 200000 yuan, or the economic losses of financial institutions are more than100000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law. 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 in accordance with the provisions of Article 196 of the Criminal Law.

This concludes the introduction of how to apply for a credit card and whether you can apply for a credit card. I wonder if you have found the information you need?