Legal analysis: constitutes the crime of credit card fraud. The "credit card" stipulated in China's criminal law refers to an electronic payment card issued by commercial banks or other financial institutions with all or part of the functions of consumer payment, credit loan, transfer settlement, cash deposit and withdrawal, etc. It includes both internationally accepted credit cards with overdraft function and debit cards without overdraft function. No matter what form of credit card it is, its basic rules of use must be used by the cardholder himself.

It is a violation of credit card management order to be used by people other than the cardholder. The so-called "fraudulent use of someone else's credit card" is not only aimed at the cardholder himself, but also an act of fraudulent use of someone else's credit card for the issuing bank. That is to say, even if it is used with the consent of the cardholder, if the perpetrator has the purpose of intentionally illegally occupying public or private property in the crime of credit card fraud, it should still belong to the crime of "fraudulently using someone else's credit card".

Legal basis: Article 196 of the Criminal Law of People's Republic of China (PRC) commits credit card fraud under any of the following circumstances. If the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and 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 ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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.