Hello, under normal circumstances, it is not difficult to distinguish between the crime of credit card fraud and the crime of theft. What is easily confused is the situation of obtaining and using other people's credit cards through illegal means. The main differences are in the following aspects:

First, the criminal objects are different. The crime of credit card fraud not only infringes upon citizens' property rights, but also affects the country's financial management order and is a complex object; while the crime of theft only infringes upon citizens' property rights and is a single object.

Second, the objective aspects of crime are different. The crime of theft mainly obtains the victim's property through secret theft, and the victim is often in a passive state; the crime of fraud mainly obtains the victim's property through deception, and the victim is often in an active state. That is to say, the crime of credit card fraud mainly involves the victim voluntarily handing over property through "pretending to use other people's credit cards", and the victim is often in a proactive state.

In addition, there is no difference between the two crimes in terms of criminal subject and criminal subjectivity, so this article will not go into details. After clarifying the difference between the crime object and the objective aspects of the crime between the above two crimes, the author agrees with the first opinion and convicts and punishes the defendant for credit card fraud. The reasons are as follows:

1. From the perspective of laws and judicial interpretations, a certain person’s behavior is consistent with credit card fraud. According to the provisions of Paragraph 2 of Article 5 of the Supreme People's Court and Supreme People's Procuratorate, "the term "false use of other people's credit cards" as mentioned in Item (3) of Article 196 of the Criminal Law includes the following situations: (1) Finding someone else’s credit card and using it; (2) Fraudulently obtaining someone else’s credit card and using it; (3) Stealing, bribing, defrauding or obtaining other people’s credit card information through other illegal means and using it through the Internet, communication terminals, etc.; 4) Other situations of fraudulently using other people’s credit cards” and Article 196, Paragraph 3 of the Criminal Law of the People’s Republic of China stipulates that “Those who steal credit cards and use them shall be subject to Article 264 of this Law. "Provisions on conviction and punishment". In this case, a certain person forged the victim's identity information to obtain a bank card and mobile phone card, and transferred the victim's bank deposits through "Alipay" and "WeChat" payment methods to obtain a credit card. This was deception, not theft, and his behavior was The situation of "falsely using another person's credit card" as stipulated in Article 196, Paragraph 1, Item (3) of the Criminal Law of the People's Republic of China does not fall within the scope of Article 196 of the Criminal Law of the People's Republic of China and the sale of goods. Paragraph 3 stipulates that "anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law." Therefore, a certain person's behavior is consistent with the crime of credit card fraud.

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