Stealing and using credit cards is suspected of larceny and larceny. The details are as follows:

1. Those who commit the crime of fraudulently using credit cards to constitute the crime of theft shall generally be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and may also be fined or alone. The crime of theft is for the purpose of illegal possession, secret Stealing public or private property in relatively large amounts or stealing public or private property multiple times;

2. Those who steal public or private property in relatively large amounts, or commit multiple thefts, home invasions, thefts with weapons, or pickpocketing shall be punished. Fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also or solely be fined.

What are the constituent elements of the crime of credit card fraud:

1. The object of infringement is the credit card management system and public and private property ownership;

2. The objective aspects are: The actor uses credit cards to defraud public or private property by fabricating facts or concealing the truth;

3. The subject is a general subject;

4. The subjective aspect is intentional and direct deliberately.

Legal basis: Article 196 of the "Criminal Law of the People's Republic of China"

The crime of credit card fraud involves one of the following circumstances: carrying out credit card fraud activities with a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five 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 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence is to be not less than 10 years in prison 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 forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Using it fraudulently Others’ credit cards;

(4) Malicious overdrafts.

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.