1. According to the Supreme Law and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, Article 5, Paragraph 2, Item 1, Article 196, Paragraph 1, Item 3 of the Criminal Law refers to the following situations: (1) Picking up another person's credit card and using it. ...

2. Therefore, picking up a credit card and using it is regarded as fraudulent use of another person's credit card in the crime of credit card fraud, which constitutes the crime of credit card fraud.

Before this judicial interpretation, in practice, taking credit cards at the counter was defined as the crime of credit card fraud, and withdrawing money at ATM was defined as the crime of theft. After this judicial interpretation, regardless of the use of counter machines and the use of counter staff, they were convicted of credit card fraud.