It is a crime of credit card fraud to pick up a stolen credit card.

The sentencing for the crime of credit card fraud is:

1. If the amount of credit card fraud is relatively large, he 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. Fine;

2. If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan;

3. If the amount is particularly huge, If any, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan, or have his property confiscated.

The constituent elements of the crime of credit card fraud include:

1. The objects violated by the crime of credit card fraud are the credit card management system and the ownership of public and private property;

2. The crime of credit card fraud The objective aspect is that the perpetrator uses credit cards to defraud public and private property by fabricating facts or concealing the truth;

3. The subject of the crime of credit card fraud is a general subject;

4. The subjective aspect of the crime of credit card fraud is intentionality, and it is direct intention. The perpetrator must also have the subjective purpose of illegally possessing public and private property. Indirect intentional and negligent crimes cannot constitute the crime of credit card fraud. It should be pointed out here that among the various acts of credit card fraud, the perpetrators have different behaviors and their criminal intentions have their own specific content. For example, if a forged credit card or an invalid credit card is used to commit fraud, the perpetrator must subjectively know that it is a forged or invalid credit card, otherwise, the crime of credit card fraud cannot be constituted.

To sum up, finding a stolen credit card constitutes the crime of credit card fraud or theft.

Legal basis:

Article 196 of the Criminal Law of the People's Republic of China

The crime of credit card fraud involves one of the following circumstances: Whoever commits credit card fraud and 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 10 years. , and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years of fixed-term imprisonment or life imprisonment, and also 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 identity certificates;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ credit cards;

(4) Malicious overdrafts. 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.

Whoever steals a credit card and uses it for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.