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What are the crimes involved in cashing out?

Legal analysis: Cashing out is the abbreviation of cash withdrawal, which generally refers to obtaining cash benefits in exchange for illegal or false means. If an actor uses an online third-party payment platform to cash out by buying and selling for himself or by colluding in transactions, it is similar to the way of cashing out by swiping cards on POS machines for false consumption. Whether the actor has the purpose of illegal possession subjectively and objectively Whether there is malicious overdraft behavior and whether the consequences cause significant losses will determine whether it constitutes the crime of credit card fraud or the crime of fraudulently obtaining loans.

Legal basis: Article 175 of the "Criminal Law" Whoever, for the purpose of making profits through on-loaning, defrauds credit funds from financial institutions and re-lends them to others at high interest rates, and the amount of illegal gains is relatively large, shall be sentenced to a fixed term of not more than three years. Imprisonment or criminal detention, and a fine of not less than one time but not more than five times the illegal income; if the amount is huge, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and a fine not less than one time but not more than five times the illegal income.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Article 175-1 of the Criminal Law: Obtaining loans, bill acceptances, letters of credit, letters of guarantee, etc. from banks or other financial institutions by deceptive means, causing significant losses to banks or other financial institutions or causing serious harm to banks or other financial institutions. If there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or solely be fined; if he causes particularly heavy losses to banks or other financial institutions or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years, and shall also be fined. Penalties.

If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.