This situation is an act of fraudulently using someone else’s credit card. But because it was less than 5,000 yuan, it did not constitute a crime.

Criminal Law

Article 196: Whoever commits the crime of credit card fraud or theft under any of the following circumstances and commits credit card fraud if 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, the sentence shall be not less than five years but not more than 10 years in prison, and also a fine of not less than 50,000 yuan but not more than 500,000 yuan; if the amount is special If the circumstances are 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 also be fined not less than 50,000 yuan but not more than 500,000 yuan, or his property shall be confiscated:

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

(2) Using an invalid credit card;

(3) Pretending to use another person’s credit card;

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 shall be convicted and punished in accordance with the provisions of Article 264 of this Law. ”

The Judicial Interpretation of the Supreme Court on Credit Card Crime

Article 5: Using forged credit cards, fraudulently obtaining credit cards with false identity documents, invalidated credit cards, or fraudulently using other people’s credit cards , if the amount of credit card fraud is more than 5,000 yuan but less than 50,000 yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 50,000 yuan but less than 500,000 yuan, it shall be deemed as It is a "huge amount" as stipulated in Article 196 of the Criminal Law; if the amount is more than 500,000 yuan, it shall be deemed as an "especially huge amount" as stipulated in Article 196 of the Criminal Law.

"Impersonating another person's credit card" as mentioned in Item (3) of Article 196 of the Criminal Law includes the following situations:

(1) Picking up another person's credit card and using it;

(2) Defrauding other people’s credit cards and using them;

(3) Stealing, buying, defrauding or obtaining other people’s credit card information through other illegal means, and using it through the Internet, communication terminals, etc.;< /p>

(4) Other cases of fraudulent use of other people’s credit cards