Whoever picks up another person's credit card and uses it belongs to the situation of fraudulently using another person's credit card as stipulated in Article 196 of the Criminal Law, and the large amount constitutes the crime of credit card fraud.

Article 196 of the Criminal Law

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 2, yuan but not more than 2, 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 5, yuan but not more than 5, yuan; If the amount is especially huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 1 years or life imprisonment, and shall also be fined not less than 5, yuan but not more than 5, yuan, or his property shall be confiscated: < P > (1) using a forged credit card or using a credit card fraudulently obtained with false identification;

(2) using an invalid credit card;

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

(4) malicious overdraft.

Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management

Paragraph 2 of Article 5: The term "fraudulently using another person's credit card" as mentioned in Item (3) of Paragraph 1 of Article 196 of the Criminal Law includes the following situations:

(1) picking up another person's credit card and using it;

(2) defrauding others of their credit cards and using them;

(3) stealing, buying, defrauding or obtaining other people's credit card information by other illegal means, and using it through the Internet, communication terminals, etc.;

(4) other cases of fraudulent use of other people's credit cards.

The specific judicial regulations are as follows:

Article 92 of the General Principles of the People's Republic of China and the Civil Law

If improper benefits are obtained without legal basis and losses are caused to others, the improper benefits obtained shall be returned to the person who suffered losses.

article 17 of the property law of the people's Republic of China

the owner or other obligee has the right to recover the lost property. If the lost property is occupied by others through transfer, the obligee has the right to claim damages from the person who has no right to dispose of it, or to request the transferee to return the original property within two years from the date when he knows or should know the transferee. However, if the transferee buys the lost property through auction or from an operator with business qualifications, the obligee shall pay the fees paid by the transferee when requesting the return of the original property. After the obligee has paid the fees paid to the assignee, he has the right to recover from the person who has no right to dispose of it.

Notice of the Supreme People's Court Municipality on Printing and Distributing Opinions on Implementing Several Issues (for Trial Implementation)

131. The returned improper benefits shall include the original and the fruits arising from the original. Other benefits obtained by using unjust enrichment

shall be confiscated after deducting labor management expenses.