Legal analysis: If you just steal without using or consuming it, it does not constitute a crime. Obviously, the purpose of stealing other people's bank cards must be to steal other people's money, which constitutes theft. , but the value of the case should be based on the amount in the bank card, and if the other party does not use the amount in the card, it can only constitute theft. However, just one theft does not meet the criminal law-theft penalty standard, so it does not constitute the crime of theft. As for whether it constitutes the crime of credit card fraud, according to the judicial interpretation of the Supreme People's Court, stealing other people's credit cards and withdrawing cash or spending money through theft is a continuation of the crime of theft and cannot be regarded as a separate crime of credit card fraud

Legal Basis : "Criminal Law of the People's Republic of China" Article 196 Whoever commits credit card fraud under any of the following circumstances 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 and not less than 20,000 yuan. A fine of not more than 100,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 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 10 years. A prison term of not less than ten years or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation: (1) Using a counterfeit credit card; (2) ) Using an expired credit card;

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