The main difference between the crime of credit card fraud and the crime of theft lies in the behavior and culpability. The former uses deception to obtain other people's property, while the latter uses illegal intrusion, robbery and other methods to commit theft.

Credit card fraud is a type of fraud crime, which refers to the act of deceiving others and obtaining improper benefits by fabricating facts, concealing the truth, etc. Specific to credit cards, fraudsters may illegally obtain other people's credit card information and use it for malicious consumption, transfers, etc. Therefore, the main characteristic of the crime of credit card fraud is the use of deceptive means to obtain other people's property. The crime of theft is a non-violent crime, which refers to the act of misappropriating other people's property through illegal intrusion, robbery, coercion, etc. In order to achieve the purpose of theft, criminals may use illegal means such as picking locks and breaking windows. Therefore, the main feature of the crime of theft is to obtain other people's property through illegal trespassing and other methods. From the perspective of culpability, the legal provisions involved in credit card fraud and theft are different. In our country’s criminal law, the crime of credit card fraud is mainly dealt with in accordance with Article 245 of the Criminal Law of the People’s Republic of China, while the crime of theft is mainly dealt with in accordance with Articles 230 and 231 of the Criminal Law of the People’s Republic of China. Articles and other related clauses are processed.

If the thief uses forged credit cards or other methods to commit theft, how should the liability be defined? If the thief uses counterfeit credit cards to commit theft, it should be determined based on the circumstances. If his behavior meets the constituent elements of the crime of credit card fraud, he should be held criminally responsible for the crime of credit card fraud; if his behavior meets the constituent elements of the crime of theft, he should be held criminally responsible for the crime of theft.

The main difference between the crime of credit card fraud and the crime of theft lies in the behavior and culpability. The former uses deception to obtain other people's property, while the latter uses illegal intrusion, robbery and other methods to commit theft. In practical application, relevant legal provisions need to be taken into account and will depend on the circumstances in order to accurately define liability.

Legal basis:

Article 266 of the "Criminal Law of the People's Republic of China" Whoever defrauds public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, Criminal detention or surveillance, and shall be concurrently or solely fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and shall also be fined; 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 three years but not more than ten years and shall also be fined; 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 three years but not more than ten years and shall also be fined; 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 three years but not more than ten years. Imprisonment or life imprisonment, and a fine or confiscation of property. If this law provides otherwise, the provisions shall prevail.