Legal analysis: Using up the deposit on the escrow debit card does not constitute credit card fraud, but it does constitute misappropriation. If the amount is larger, refusing to return it will constitute the crime of embezzlement. The crime of misappropriation refers to the act of illegally taking for one's own property, forgotten objects or buried objects that have been kept for the purpose of illegal possession, in large amounts, and refusing to return them.
Legal basis: "Criminal Law of the People's Republic of China"
Article 270: Illegal possession of other people's property for safekeeping as one's own, if the amount is relatively large, refusal Anyone who fails to return the money shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined.
Anyone who illegally takes other people’s forgotten or buried items as his own, if the amount is relatively large, and refuses to hand it over, shall be punished in accordance with the provisions of the preceding paragraph.
This crime will only be dealt with upon complaint.
Article 266: Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and shall also or solely be fined; if the amount is huge or there are other serious circumstances, Those who commit crimes shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or their property shall be confiscated. If this law provides otherwise, the provisions shall prevail.