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What crime does it constitute if you find a credit card and use it? What is the crime of stealing a credit card and using it?

1. Credit card fraud

2. Theft

Legal basis: "Criminal Law"

Article 196 Whoever commits credit card fraud in one 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 but not more than 200,000 yuan; if the amount is huge or there are other serious circumstances, he shall be sentenced to not less than five years in prison or criminal detention. Whoever commits a crime shall be sentenced to fixed-term imprisonment of not more than ten years and shall also be fined 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 10 years or life imprisonment and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. The following fines or confiscation of property may be imposed:

(1) Using a forged credit card, or using a credit card fraudulently obtained with false identification;

(2) Using an expired credit card;

(3) Pretending to use other people’s credit cards;

(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.

Note: Article 264 is the crime of theft