Fraudulent use of another person's credit card means that a non-cardholder uses the cardholder's credit card to defraud property in the name of the cardholder. If you use the credit card you found; Without the consent of the cardholder, use the credit card kept by the cardholder for consumption, etc.

The perpetrator who fraudulently uses another person's credit card to commit fraud must subjectively have the purpose of defrauding other people's property. This crime can only be constituted by intentional fraud subjectively and fraudulent use of other people's credit cards objectively. In practice, some credit card holders lend their cards to others, such as their relatives and friends. In the form of expression, users are also using other people's credit cards, but the user's fraudulent use of other people's credit cards is approved by the cardholder. Although this behavior violates the regulations on the use of credit cards, the user does not subjectively take possession of the cardholder's property for the purpose. Therefore, it does not have the essential characteristics of credit card fraud. In this case, it can be corrected or dealt with in accordance with relevant regulations, and this article cannot be applied as a crime.

Whoever steals a credit card and uses it should be regarded as theft.

Whoever steals a credit card and uses it shall be punished in accordance with the provisions of Article 264 of this Law. This refers to the act of a thief stealing another person's credit card and then using it to defraud property. The so-called theft and use of credit cards include the use of credit cards by criminals after stealing them, and the use of stolen credit cards by accomplices or friends of criminals. In the latter case, an accomplice or friend of theft can be treated as an accomplice of theft. If someone uses a credit card without knowing that it has been stolen, the user should not be punished for theft, but should be dealt with according to the specific circumstances and circumstances of its use and relevant laws. If a thief steals a credit card, he tells his friend that he found the credit card and used it by his friend. In this case, the user should not be treated as theft, but as someone else's credit card.

Criminal responsibility for theft: whoever steals public or private property in a relatively large amount, or repeatedly steals, breaks into houses, steals with weapons or pickpockets, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he 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 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 or confiscated.

Criminal responsibility for the crime of credit card fraud: imprisonment of not more than five years or criminal detention, and a fine of 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.

The so-called serious circumstances refer to the huge amount of fraud or other serious circumstances. The amount here is huge. According to the relevant judicial interpretation, it refers to people who defraud more than 50 thousand yuan. As for other serious circumstances, it mainly refers to the use of advanced technical means after forgery; The ringleader of a criminal group that uses credit cards for fraud; Repeated use of credit cards for fraud, incorrigible; Because of its fraudulent behavior, it has caused huge losses to other people's public and private property; Causing adverse effects due to its behavior; Wait a minute.

The so-called particularly serious circumstances refer to the huge amount of fraud and other particularly serious circumstances. According to the relevant provisions of judicial interpretation, the starting point standard for a particularly huge amount is 200,000 yuan. As for other particularly serious circumstances, it mainly refers to the use of credit cards to commit fraud; Belonging to recidivism, recidivism or recidivism; There are many serious circumstances; Causing particularly serious economic losses or other particularly serious consequences to others due to its fraudulent behavior; Those who use fraudulent property to commit other serious criminal crimes have a particularly bad influence.

A criminal suspect or defendant under any of the following circumstances may be released on bail pending trial:

(a) may be sentenced to public surveillance, criminal detention or independent application of supplementary punishment;

(two) may be sentenced to more than fixed-term imprisonment, bail will not cause social danger;

(3) A woman who is seriously ill, unable to take care of herself, pregnant or breast-feeding her baby is released on bail pending trial, which will not cause social danger;

(four) the detention period expires, the case has not yet been settled, and it is necessary to get a bail pending trial.

The maximum period of bail pending trial shall not exceed twelve months.

The 10,000 yuan you have to pay is the guarantee for bail pending trial stipulated by law.