this question examines the crime of credit card fraud. Item A, according to the provisions of Article 196 of the Criminal Law, whoever uses a credit card fraudulently obtained by false identification constitutes the crime of credit card fraud, while the perpetrator not only uses it, but also fraudulently obtains it, which constitutes an implicated offender in the crime of obstructing credit card management and credit card fraud, and shall be punished according to the crime of credit card fraud. Therefore, item a is wrong.

in item b, the Supreme People's Procuratorate made it clear in the Reply on How to Determine the Nature of the Behavior of Picking Up Others' Credit Cards and Using them on ATMs that the behavior of picking up others' credit cards and using them on ATMs shall be investigated for criminal responsibility for the crime of credit card fraud. Article 5, paragraph 2, of the Supreme People's Court 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 stipulates: "The term' fraudulently using another person's credit card' as mentioned in Article 196, paragraph 1, item 3 of the Criminal Law includes the following situations: (1) picking up another person's credit card and using it; ..... "So item B is correct.

item c, according to paragraph 2 of article 196 of the criminal law and the provisions of judicial interpretation, malicious overdraft refers to the behavior that the cardholder overdraws beyond the prescribed limit or within the prescribed period for the purpose of illegal possession, and fails to return it for more than 3 months after being repeatedly urged by the issuing bank. In order to establish the malicious overdraft of credit card fraud, the actor must have the idea of not returning it when he acts (that is, the purpose of illegal possession). There is no purpose of illegal possession in this item, and the crime of credit card fraud cannot be established. Therefore, item C is wrong.

item d, paragraph 3 of article 196 of the criminal law has made special provisions. Whoever steals a credit card and uses it shall be punished as theft. Since it is a special provision, it cannot be generalized. If a credit card is found and used, it still belongs to the fraudulent use of another person's credit card, and the crime of credit card fraud is established instead of embezzlement. Therefore, item d is wrong.