First, the classification of credit card cashing behavior
1 is the personal behavior of the cardholder. Cardholders play the trick of "others spend their own cards", swipe other people's shopping accounts into their own cards to increase points, and shoppers will also return the cardholders' cash, which really kills two birds with one stone. Because many banks have launched value-added services while issuing credit cards, and have carried out activities such as exchanging consumption points for gifts to stimulate people's enthusiasm for card handling and consumption.
Second, cardholders cooperate with merchants or some "loan companies" and "intermediary companies", and cardholders get cash by paying handling fees to merchants. General merchants' POS machines are used for false transactions, and the amount on credit cards is crossed out. Merchants or "loan companies" and "intermediary companies" pay cash on the spot (paying cardholders cash), and the handling fee paid by cardholders to merchants is lower than that of banks.
3. Cardholders use some websites or company services to get cash, such as Alipay or China Mobile's "Online Prepaid Card Purchase" service to get cash.
4. Small cash withdrawal is free. The method is that in some shopping malls or other places where credit cards can be used for consumption, cardholders pay in cash at checkout, and cashiers receive cash first and then use their credit cards to swipe out the corresponding consumption, so as to achieve the purpose of cashing in small amounts.
Two, commercial banks should strengthen the risk management of credit card business from four aspects.
1. Reorganize the division of responsibilities of credit card business lines, and realize up-and-down linkage. At the bank headquarters level. It should be aimed at the business model of cash-out merchants. Develop an effective identification model in time and strengthen the monitoring function of the internal system: at the branch level. We should set up an independent checkpoint to regularly screen and report suspicious businesses. Perform the duty of preventing credit card cashing.
2. The access quality of special merchants should be strictly controlled. Carefully choose the business marketing outsourcing service provider. It is necessary to improve the assessment of outsourcing service providers and clarify the punishment measures for providing false merchant information. Ensure the authenticity and effectiveness of its investigation and regular visits to merchants.
3. Bank branches should regularly conduct "three investigations" on small local merchants with unusually high transaction volume. That is, check whether credit card transactions account for nearly 100% of all transactions. Check whether the occupation of bank customers who swipe their cards in this merchant is their target customer group, and whether their income status is consistent with credit card consumption. Check whether there are many connections between the credit cards of these suspicious customers. Then go to the door to see if the actual business situation matches the credit card limit. Whether there are violations such as renting POS machines. Once it is determined that the merchant is suspected of operating cash. Stop the machine immediately and report to the People's Bank of China and UnionPay. The cardholder should also take measures such as stopping the card, reducing the amount and reporting to the personal credit information system as appropriate. Eliminate hidden dangers.
4. Credit should be issued cautiously. Guard against risks caused by excessive credit. In particular, special groups such as credit card marketers and card issuers in many banks should be cautious when issuing cards. For cardholders who require an increase in credit limit after frequent large credit card swiping. We should carefully examine whether its consumption behavior is reasonable and whether it is suspected of cashing out.
Three. The Interpretation of the Supreme People's Procuratorate and the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in Handling Credit Card Fraud Cases is to punish the criminal activities of using credit cards to defraud property according to law. The specific legal application of handling such cases is now explained as follows:
1. Whoever forges or fraudulently uses his identity card or business license to apply for a credit card in a bank, or forges, alters or fraudulently uses a credit card to defraud property, if the amount is relatively large, shall be investigated for criminal responsibility for fraud.
Two persons who, for the purpose of illegal possession, or knowingly unable to repay, use a credit card to maliciously overdraw, defraud property of more than 5,000 yuan, evade tracing, or refuse to return it after being urged by the bank for more than three months, shall be investigated for criminal responsibility for fraud. If the cardholder pays the deposit in the bank, the amount of malicious overdraft shall be calculated based on the amount exceeding the deposit.
If the perpetrator's malicious overdraft constitutes a crime, and all overdraft interest has been returned to the people's procuratorate after the incident, he may be given a lighter or mitigated punishment or be exempted from criminal responsibility.
Bank staff who commit the above crimes shall be severely punished according to law. In short, cashing out violates relevant regulations and malicious overdraft violates criminal law. As a rising China, the economy is moving towards globalization, and laws and regulations in some economic fields are in line with developed countries. Credit card business is an important product and profit source in retail financial business. The credit card business income of Citibank accounts for 65,438+0/3 of the total net profit, and the profit of American Express card accounts for 70% of the company's total profit. It is not difficult to imagine that one day foreign banks will play the slogan of "cashing out" in China, while domestic banks will be eliminated by history if they remain hidebound.
Legal basis:
Criminal law of the people's Republic of China
Article 196 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) Using a forged credit card or using a credit card fraudulently obtained with a false identity certificate;
(2) Using an invalid credit card;
3. Fraudulent use of other people's credit cards;
4 malicious overdraft.
The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior of the cardholder who 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. Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.