Paragraph 3 of Article 196 of my country’s Criminal Law stipulates: “Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.” That is, he will be directly convicted and punished for the crime of theft. However, in judicial practice, there is some controversy over how to convict the theft and use of counterfeit credit cards: one view is that the crime of theft should be directly convicted in accordance with the provisions of Article 196, paragraph 3, of the Criminal Law; another view is that the crime of credit card fraud should be generally criminalized . The author agrees with the view that it constitutes the crime of credit card fraud, but whether the perpetrator knows it subjectively or not will form different criminal compositions, and the qualitative reasons for this behavior should be analyzed differently.