The act of stealing a counterfeit credit card and using it is subject to the crime of theft or credit card fraud, depending on the circumstances.

The details are as follows:

1. The perpetrator stole a real and valid credit card and used it;

2. The perpetrator stole a forged or invalid credit card. The perpetrator did not know that the credit card was a forged or invalid credit card and used it;

3. The perpetrator knew that the stolen credit card was a forged or invalid credit card, and after performing technical operations on it, he " The function of "dead card" was restored and used;

4. The perpetrator stole and used the credit card fraudulently obtained with false identity certificates.

According to the provisions of "stealing credit cards and using them - committing the crime of theft", the credit cards should be real and valid credit cards, but the credit cards that are forged, invalidated, or fraudulently obtained with false identity certificates shall not be used. If used, that is, the act of fraudulently using or using an expired credit card shall be punished with the crime of credit card fraud.

Legal Basis

Article 177 of the Criminal Law of the People's Republic of China and the People's Republic of China The crime of obstructing credit card management falls under any of the following circumstances. Anyone who obstructs credit card management shall be punished with a three-year sentence to fixed-term imprisonment of not less than 10 years and not more than 10 years of fixed-term imprisonment, and to a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, the sentence is to be not less than three years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than RMB 10,000 is imposed:

(1) Holding and transporting credit cards knowing that they are counterfeit, or holding and transporting blank credit cards knowing that they are counterfeit, in larger quantities;

(2) Illegally holding other people’s credit cards in large quantities;

(3) Using false identity certificates to fraudulently obtain credit cards;

(4) Selling, purchasing, or Others provide forged credit cards or credit cards obtained fraudulently with false identification.

The crime of stealing, bribing, or illegally providing credit card information. Anyone who steals, bribes, or illegally provides other people's credit card information shall be punished in accordance with the provisions of the preceding paragraph.

If a staff member of a bank or other financial institution takes advantage of his position to commit the crime in Paragraph 2, he shall be severely punished. Article 196 The crime of credit card fraud falls under one of the following circumstances. If the amount of credit card fraud is relatively large, he 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 if 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 a fine of not less than 50,000 yuan but not more than 500,000 yuan; 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 five years but not more than ten years or life imprisonment. , and be subject to a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

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

(3) Pretending to use another person’s credit card;

(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 for the crime of theft shall be convicted and punished in accordance with the provisions of Article 264 of this Law.