Does the act of picking up someone else's credit card and using it on atm constitute credit card fraud?
picking up someone else's credit card and using it on an ATM machine, with a large amount, constitutes the crime of credit card fraud. According to the law, the act of picking up another person's credit card and using it on an automatic teller machine (ATM) belongs to the case of fraudulent use of another person's credit card. If the amount is large, criminal responsibility shall be investigated for credit card fraud. "Reply of the Supreme People's Procuratorate on How to Determine the Behavior of Picking up Others' Credit Cards and Using them on ATMs" The behavior of picking up others' credit cards and using them on ATMs belongs to the situation of "fraudulently using others' credit cards" as stipulated in Item (3) of Paragraph 1 of Article 196 of the Criminal Law, and if it constitutes a crime, criminal responsibility shall be investigated for credit card fraud. 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: (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 term "malicious overdraft" as mentioned in the preceding paragraph refers to the act that the cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession, and still 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.