Legal subjectivity:

The so-called finding and using a credit card refers to the act of picking up a real, legal, and valid credit card that has been forgotten or lost by others and using it. 1. If a perpetrator finds another person’s credit card and password in a specific place, such as finding another person’s credit card left in an ATM machine and being able to withdraw money without completing other procedures, this constitutes the crime of embezzlement. 2. When a perpetrator finds a credit card in an unspecified place and uses it, without the consent or authorization of the cardholder, he uses the credit card as another person's identity to withdraw money, pay, consume, etc., which infringes on the legitimate rights and interests of others and constitutes the crime of credit card fraud. The legal characteristics should be punished as this crime. The law is objective:

Article 196 of the "Criminal Law", whoever commits credit card fraud in any of the following circumstances 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 20,000 yuan A fine of not less than 50,000 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 a fine of 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 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 property confiscated: (1) Using a forged credit card, or using a credit card fraudulently obtained with false identification; ( 2) Using an expired credit card; (3) Pretending to use another person’s credit card; (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.