Illegal. Whether it constitutes a crime must be treated differently, that is, it depends on the purpose of using the bank card and the actions taken after applying for the bank card. If the purpose of applying for a bank card is to defraud public or private property, and there is a fact of obtaining financial information, it constitutes a crime of financial fraud and should be investigated for legal responsibility.

Legal Basis

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

Article 196 Under any of the following circumstances, credit card fraud activities are carried out , where the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than 10,000 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 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 identity certificates;

(2) Using an expired credit card;

(3) ) Pretend to use 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.

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