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Judicial interpretation of the use of lost credit cards

Legal analysis: Picking up 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. A credit card is not equal to property, and finding a credit card and password does not mean that you have obtained the funds or property on the credit card. A credit card is just a carrier for recording funds or property. It has no property value in itself. To convert a credit card into funds or property, there must be a process of cashing in and special procedures. 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.

Legal basis: "Measures for the Supervision and Administration of Credit Card Business of Commercial Banks" Article 70: Under special circumstances, it is confirmed that the amount of credit card debt exceeds the cardholder's ability to repay and the cardholder is still willing to repay. Yes, the card-issuing bank can negotiate with the cardholder on an equal footing to reach a personalized installment repayment agreement. The maximum term of a personalized installment agreement shall not exceed 5 years. The content of the personalized installment repayment agreement should at least include:

(1) Arrears balance, structure, currency;

(2) Repayment cycle, method, currency, Date and repayment amount in each installment;

(3) Whether annual fees, interest and other fees will be charged during the repayment period;

(4) Cardholders will pay in personalized installments A commitment not to apply for a credit card from any bank before the relevant amounts in the loan agreement are fully settled;

(5) Rights, obligations and liability for breach of contract of both parties;

(6) Repayment Other matters related to payment.