Finding a credit card and swiping money constitutes the crime of credit card fraud.
Legal Analysis
If you pick up someone else’s credit card and use it for consumption, if the amount is relatively large, it constitutes a crime of credit card fraud. If you find someone else's credit card and use it, according to relevant regulations, it is a case of fraudulently using someone else's credit card. If the amount is relatively large, it constitutes a crime of credit card fraud. Whoever commits credit card fraud under 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 more than five years in prison or criminal detention; If the amount is particularly huge or there are other particularly serious circumstances, the person shall be sentenced to fixed-term imprisonment of not less than 10 years but not more than 10 years of fixed-term imprisonment or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not more than RMB 10,000 or confiscation of property may be imposed for: using a forged credit card, or using a credit card fraudulently obtained with false identification; using an expired credit card; fraudulently using another person's credit card; malicious overdraft.
Legal Basis
Article 196 of the Criminal Law of the People's Republic of China and the People's Republic of China: Under any of the following circumstances, if the amount of credit card fraud is relatively large, the person shall be punished Whoever commits a crime 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 fixed-term imprisonment of not less than five years but not more than 10 years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property: (1) Using a forged credit card, or using a counterfeit credit card Using false identity certificates to fraudulently obtain credit cards; (2) Using invalid credit cards; (3) Pretending to use other people’s 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. Anyone who steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of this Law.