Theft. According to relevant laws, credit card fraud usually refers to the perpetrator using various illegal means or methods to copy other people's credit cards and payment passwords, thereby stealing other people's credit card funds for their own use, causing corresponding property losses to the cardholder. A criminal act, the act of fraudulently using a credit card can constitute the crime of theft.

Bank card skimming means that the cardholder’s bank card is used by others to receive money under false pretense. Bank card skimming can be divided into the following three situations:

1. Network Phishing: The relevant information of the user's bank card is stolen by others, and then the user's payment password is defrauded in various ways, thereby stealing funds;

2. Phishing of counterfeit cards: The user is using the bank card to make purchases When others copy the card information and peek at the password, it leads to theft;

3. Stolen card theft: The user's bank card is stolen or picked up by others and the funds in the card are stolen.

It is illegal to steal bank cards. Whether it constitutes a crime depends on the amount. If it is stolen and used, it is suspected of being theft. The crime of theft can be constituted with a relatively low amount. If you forge a credit card, or use someone else's credit card falsely (for example, if you pick up someone else's credit card and use it), you are suspected of credit card fraud (false use of a credit card when the amount reaches 5,000 yuan constitutes a crime).

How to deal with a stolen credit card?

(1) Report loss. No matter how you discover that your credit card has been stolen, the first step is to call the bank's customer service number immediately to report the loss.

(2) Go to the ATM machine to check the money. After reporting the loss, you don’t need to replace the card first. Instead, you can go to the nearest ATM machine to find out your credit card balance. At the same time, this is also the most favorable evidence to later prove that the card is with you and your location, because the bank can retrieve it. Your inquiry records and video can prove that you were not at the scene of the crime at that moment, and you also had the card with you.

(3) Request the bank to provide important documents. Find a location with a fax machine, use the fax machine phone to call customer service again, and ask customer service to help you fax two important documents. "Account Inquiry Statement" and "Additional Instructions for Non-Personal Transactions".

(4) Report the crime. Usually when you report a crime to an ordinary police station, they will not accept it and will pass the blame on each other. The card owner can report the crime directly to the JC Bureau of the card issuance center in the city where the card was applied for. If you do not know the area to which the card belongs, you can call customer service and ask him to provide you with the location. The purpose of reporting a case is to help you add evidence to the bank's chargeback application process and increase the possibility of a successful chargeback application.

(5) Request the police station to file a case and provide a receipt. Bring the receipt given by the police to the card issuance center and ask for investigation.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196: Credit card fraud is committed under any of the following circumstances: If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired 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 cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-issuing bank. 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.

Article 264: Whoever steals public or private property in a relatively large amount, or commits multiple thefts, burglaries, thefts with weapons, or pickpocketing shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, or public surveillance. A fine may be imposed concurrently or solely; if the amount is huge or there are other serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment , and shall be fined or property confiscated.