Not guilty. No way. Stealing someone else's credit card violates the criminal law and constitutes theft. It is illegal and criminal, and it is impossible to be innocent. Only a lighter or mitigated punishment can be given. (Sentencing: It depends on whether there are statutory or discretionary circumstances such as surrender, major meritorious service, and minor circumstances. )

Article 196th of the Criminal Law of People's Republic of China (PRC)

Whoever commits credit card fraud in any of the following circumstances, if 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 fixed-term imprisonment of not less than five years but 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 especially huge or there are other especially 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 or confiscated property:

(a) using a forged credit card, or using a credit card fraudulently obtained with a false identity certificate;

(2) Using an invalid credit card;

(3) Fraudulent use of another person's credit card;

(4) malicious overdraft.

Whoever steals a credit card and uses it shall be convicted and punished in accordance with the provisions of Article 264 of the Criminal Law.

Article 264 of the Criminal Law Theft

Whoever steals public or private property in a large amount or many times shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be 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 especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated; Under any of the following circumstances, he shall be sentenced to life imprisonment or death, and his property shall be confiscated.

First of all, about the value of theft

Article 3 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases stipulates that the criteria for determining theft of public or private property are as follows:

(a) personal theft of public or private property value more than 500 yuan to 2000 yuan, as a "large amount".

(two) personal theft of public or private property worth more than five thousand yuan to twenty thousand yuan, as a "huge amount".

(three) personal theft of public or private property worth more than 30 thousand yuan to100 thousand yuan, as a "particularly huge amount."

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government may, according to the local economic development and the situation of social security, determine the standards of "large amount", "huge amount" and "especially huge" implemented in their respective regions within the scope of the amount specified in the preceding paragraph. Therefore, the amount of theft worth more than 80 thousand and less than 90 thousand is extremely huge.

Second, about the attempt, Article 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Theft Cases stipulates that according to the provisions of Article 264 of the Criminal Law, the act of secretly stealing a large amount of public or private property or stealing public or private property for the purpose of illegal possession for many times constitutes theft.

(a) the amount of theft refers to the amount of public and private property stolen by the actor.

(two) attempted theft, if the circumstances are serious, such as a huge amount of property or precious national cultural relics as the object of theft, should be convicted and punished.

Therefore, the stipulation that "the attempted crime can be given a lighter or mitigated punishment than the completed crime" in the criminal law is not applicable here, because the amount has reached a huge level.

Third, about sentencing.

It depends on whether there are statutory or discretionary circumstances that can be lightened or mitigated, such as surrender, major meritorious service, minor circumstances, etc.