Depending on different circumstances, it may constitute the crime of embezzlement or credit card fraud. 1. Crime of embezzlement: The perpetrator finds another person’s credit card and password in a specific place. For example, if he finds another person’s credit card left in an ATM machine, he can withdraw money without completing other procedures. 2. Credit card fraud: When a perpetrator finds a credit card in an unspecified place and uses it, he uses the credit card as another person's identity to make withdrawals, payments, consumption, etc. without the cardholder's consent or authorization, infringing on the legitimate rights and interests of others.

1. What are the prerequisites for the crime of embezzlement:

1. The prerequisite for the crime of embezzlement is the legal possession of other people’s property;

2. The crime of embezzlement is Refers to the act of illegally taking for the purpose of illegal possession other people's property, forgotten things or buried things that have been kept for one's own, the amount is relatively large, and refusing to return them;

3. Illegal possession of other people's property that has been kept for one's behalf Whoever takes the amount for himself and refuses to return it if the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or a fine; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than five years and shall also be fined;

2. Criminal liability for the crime of embezzlement:

1. According to the provisions of the criminal law, if the perpetrator embezzles other people’s property, forgotten objects, or buried objects for safekeeping, only if the amount is relatively large, only constitutes the crime of embezzlement;

2. Other serious circumstances in the crime of embezzlement: The criminal law and judicial interpretations do not provide specific provisions for "other serious circumstances" in the crime of embezzlement, and the views of scholars are inconsistent. Consistent;

3. “Relatively large amount” and “huge amount” are only the main basis for determining the severity of punishment for the crime of embezzlement, not the only criterion. Therefore, when punishing the crime of embezzlement, we must not only adhere to the amount of the crime of embezzlement as the main basis, but also not ignore other plot factors, such as criminal motivation, purpose, criminal means, methods, etc., in order to truly implement the principle of commensurate crime and punishment;

Legal basis: Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: If the amount is relatively large and one of the following circumstances occurs, the corresponding criminal liability shall be investigated: First, the use of a forged credit card, or the use of The second is to use invalid credit cards; the third is to use other people's credit cards fraudulently; the fourth is to maliciously overdraft.