if it is stolen and used, it is suspected of theft. (Note the last paragraph of Article 196 of the Criminal Law) Theft can be constituted if the amount is low.
if it is a forged credit card, or someone else's credit card is used fraudulently (for example, someone else's credit card is found and used), it is suspected of credit card fraud (fraudulent use of a credit card amounting to 5, yuan constitutes a crime).
Article 196 of the Criminal Law commits credit card fraud under any of the following circumstances, and if the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;
(2) using an invalid credit card;
(3) fraudulent use of another person's credit card;
(4) malicious overdraft.
the malicious overdraft mentioned in the preceding paragraph refers to the behavior that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and refuses to return it after being urged by the 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. Article 264 Whoever steals public or private property, if the amount is relatively large or repeatedly, 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 1 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall be confiscated:
Whether it constitutes a crime depends on the specific amount.
Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management
(1) Picking up another person's credit card and using it; (2) defrauding others of their credit cards and using them; (4) Other circumstances of fraudulently using other people's credit cards. The amount of more than 5 yuan constitutes a crime.
to sum up, stealing money from other people's bank cards by copying other people's bank card information with POS machine 4 or ATM machine may constitute the crime of credit card fraud, but the amount is required.