The act of stealing and using a credit card should be convicted and punished according to the provisions of the crime of theft. If the amount involved in the case is relatively large, the criminal perpetrator may be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and may also be fined or alone.

Generally speaking, those who steal a credit card and use it will be convicted and punished according to the crime of theft. Whoever commits the crime of theft and steals public or private property, and the amount is relatively large, or who commits multiple thefts, burglaries, thefts 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 solely be fined; if the amount is huge, or there are other If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years, and shall also be fined; if the amount is particularly huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or his property shall be confiscated.

The difference in criminal law between theft and theft lies in whether the property is in the possession of others at the time of the act. According to criminal law theory, when judging whether property belongs to others, the general standard refers to the physical domination or control of a natural person over the property. However, in some special cases, it should also include other possession situations that although the physical meaning of possession is weak, should be recognized according to the concepts of ordinary people in society. The first-instance judgment held that victim B did not realize that the card fell on the ground at all. Regardless of whether A stepped on or not stepped on the things that B dropped on the ground, B did not realize that his things were lost. Therefore, the credit card that fell on the ground in this case had been detached. If the victim's possession is lost, it should be classified as lost or forgotten, and A's act of obtaining the credit card as a lost object should be regarded as a found credit card rather than a stolen credit card. However, the above analysis that the credit card is a lost or forgotten item is a judgment based on the facts after the incident. Objectively speaking, judging whether it is a forgotten or lost item cannot only rely on the fact that the credit card was dropped on the ground. It must also be combined with the time and space distance between the original owner and the credit card after the drop, as well as the causes and behaviors that caused this time and space separation. judge. In this case, according to the defendant’s confession, when the victim’s bank card fell on the floor of the locker room, the victim had not yet left, and there were still other people in the locker room. If the defendant had not stepped on the card with his foot, the credit card would have been very It may be discovered by the victim or seen by other colleagues. It is the act of stepping that destroys the old possession and creates a new one. Therefore, A’s act of obtaining the credit card should be deemed to be theft. In addition, the General Theory of Criminal Law recognizes the type of possession that "property within the field of de facto control of another person, even if the other person does not actually control or monitor it, belongs to the possession of another person", such as property in a house or a car. The locker room in this case is a specific place within the unit for employees to store items. Therefore, even if the owner of the property leaves, he should still be deemed to have possession of the property. And as long as it is in the dressing room, whether in the closet or on the floor, it does not affect the existence of the possession. When the credit card is dropped, as long as the victim is still in the locker room, even if the victim does not realize the fact that the card has been dropped, it should not be considered that he has lost possession of the credit card. Entering the locker room inside the unit, whether to obtain other people's property from the closet or on the ground, should be considered as destroying other people's possession and obtaining property. Therefore, the credit card dropped in the locker room is not forgotten or lost. According to the special place characteristics of this case, A's behavior should also be determined as stealing the credit card rather than finding the credit card.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 196 The crime of credit card fraud and theft has the following circumstances 1. Whoever commits credit card fraud and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined 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 not less than five years and ten years. Not less than 10 years of fixed-term imprisonment or life imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. Or confiscation of property:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

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(3) Pretending to use other people’s credit cards;

(4) Malicious overdraft.

The term "malicious overdraft" as mentioned in the preceding paragraph refers to the cardholder's behavior of overdrafting beyond the prescribed limit or within the prescribed period for the purpose of illegal possession and failing to return the card after being called upon by the card-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