Is it illegal to "flower å‘—" and "white strip"?

"White gives you the amount, you will spend it", this slogan directly pokes the heart of the party, "ant flower å‘—" "Jingdong white strip" is more and more popular with online shopping. Can a virtual credit card like "Flower" and "White Bar" be cashed like a bank credit card? What is the risk of cashing out?

Cashing requires a false transaction

Alipay business seems to have monopolized the entire online banking market. Although the central bank stopped the virtual credit card, the e-commerce company did not give up the purchase of this “big cake”. Alipay launched the “ant flower flower” product, and “Jingdong white strip” and “Suning’s waywardness” Pay" also started online. "Flower 呗" is out of Taobao, access to more than 40 home appliance platforms such as Vipshop, Amazon, Public Comment, Dangdang, covering most mainstream e-commerce.

Ant Financial has made it clear that “Flower” can not be used for cashing, but through online search, many businesses that offer cash-out business can be found. The fees charged by these merchants range from 3% to 10%, and the highest fee is charged. It is "Jingdong White Strip" cash, up to 18% to 30%.

How do they achieve cash out? In fact, whether it is a bank credit card cash or a virtual credit card cash, the essence is through fraudulent transactions, using credit card-specific credit lines and interest-free periods. Specifically, the issuing bank will give the credit card the corresponding amount of advance payment, and at the same time determine that the interest will not be calculated if the repayment is made during the interest-free period. However, this advance payment can only be used for consumption. The bank does not recommend that you change it into cash. When you go to the ATM machine and use a credit card to withdraw cash, you can only take 50% of the cash and charge the withdrawal fee. And calculate interest on a daily basis. For users who are eager to pay and are not willing to pay high interest rates, they must find ways to withdraw cash from the credit line, which has led to the credit card cashing chain.

Typically, merchants that offer cash-out business realize cash out through fraudulent transactions. Traditional transactions are generally implemented through personal POS machines. Relatively speaking, online transactions are more invisible than traditional transactions. It is easier to complete false transactions, which makes the virtual credit card market such as “Flower” more widely available. In shops where “Flower” can be used, buyers and sellers can collude with each other and cash out. Taobao has severely screened merchants with cash-out trends, such as cash-out pictures, large-scale but low-value merchants, or unreasonable sales surges, and shut down many illegal merchants.

"Flower" cash is a breach of contract

Regardless of whether it is a bank credit card or a “flower plaque”, a cardholder or “flower 呗” registrant has signed a civil contract with the issuing bank or Alipay platform to stipulate that the cardholder will conduct real transactions and cash out through false transactions. Obviously, contrary to the contract signed at that time, the cardholder should bear the liability for breach of contract, and the card issuing bank or Alipay platform can be held accountable for the civil liability of the cardholder. Generally speaking, if the credit card cashing does not exceed a certain limit, it will not cause great economic losses to the bank, and the problem can be solved in the civil field. If the criminal liability of the cardholder is investigated, the credit card customer will be lost.

At the same time, Alipay platform and e-commerce platform should bear the supervisory responsibility, strict registration conditions, strict credit extension procedures, carefully review the credit rating of the “Huahua” registrant, timely screen the merchants who may have illegally cashed, and avoid virtual credit cards. Cash out.

The same crime as illegal credit card

Cash-out has always been a by-product of consumer credit. Whether it is “flowers”, “white bars” or “willfulness to pay”, it is difficult to avoid cash out. As with the bank credit card false transactions, this cash-out method is also illegal, because it seriously disrupts the financial order and will be suspected of illegal business operations. If you can't pay back in time after cashing, you will be suspected of credit card fraud.

The Supreme People's Court and the Supreme People's Procuratorate jointly issued the "Interpretation of Several Issues Concerning the Specific Application Laws of Criminal Cases of Credit Card Management" in conjunction with the People's Bank of China, stipulating that "in violation of state regulations, the use of point-of-sale equipment (POS machines), etc., to fiction The transaction, false price, cash return, etc. directly pay the credit card holders cash. If the circumstances are serious, they should be punished according to the provisions of Article 225 of the Criminal Law.

The essential feature of credit card cashing is that the amount of credit credits in the credit card is directly converted into cash sets by deception. The introduction of this judicial interpretation has clear provisions on the current status of credit card sets. The judicial interpretation clearly stipulates that if the implementation of the credit card set is more than 1 million yuan, or if the financial institution’s funds exceed 200,000 yuan, or if the economic loss of the financial institution exceeds 100,000 yuan, it shall be recognized as the 225th of the Criminal Law. If the amount is more than 5 million yuan, or if the financial institution's capital of more than 1 million yuan is overdue, or if the financial institution loses more than 500,000 yuan, it shall be deemed to be the provisions of Article 225 of the Criminal Law. The "plot is particularly serious."

For the purpose of illegal possession, the cardholder shall achieve malicious overdraft through cash card cashing. If criminal liability is to be investigated, he shall be convicted and punished for the crime of credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Virtual credit cards such as “flowers”, “white bars” and “willfulness payments” are different from bank credit cards, but their differences are only in interest-free period, installment rate, overdue interest, etc. Credit line and advance payment. Realizing cash out through virtual credit cards is only a different way of behavior. In the process of cashing out, a third-party payment platform is introduced, and the essence of behavior is the same. Therefore, virtual credit card cashing is also illegal, and serious circumstances will constitute a crime.

"Flower å‘—" cash out is carefully cheated

Credit card cash is a great temptation for users who are eager to use money. In order to realize cashing, it is necessary to generate a false transaction, and the cashier needs to pay a fee of varying degrees. But more importantly, companies, individuals, or merchants that specialize in cash-out services may leave after the false transaction is completed, which may cause the cash-out to be deceived. Especially in online shopping, buyers and sellers do not meet each other, the identity is difficult to determine, some merchants will need to be pulled into the WeChat group, the group may dive some child care, lift the atmosphere, when the buyer pays with "flowers" Merchants may refuse to return the goods, and even more may disappear from the store, which makes it difficult for buyers to pay back.

In addition, in the process of realizing the cash credit card, in general, the merchant will require the buyer to provide detailed personal information for the cash transfer, which may cause the personal bank card information to leak. Therefore, don't believe in virtual credit card cash registers such as "Flower", beware of being deceived.