Asking for help: the debate on this case-theft and fraud. (urgent ~ ~)

Actually, it's not a crime now. It depends on what A does next. If b asks for money, it doesn't constitute a crime. If A refuses to return it, it constitutes a crime of embezzlement. Because A took other people's money in a legal way, and didn't steal it, and didn't fabricate facts to cheat.

Since you have argued so much, let's do it your way. My opinion is:

1, the crime of fraud, first of all, the perpetrator wants to commit fraud, which includes two forms, one is to fabricate facts and the other is to conceal the truth; In this case, I can't see where to use these two behaviors. He's just using his card to get his money.

2. The establishment of the crime of fraud requires the victim to dispose of property after falling into a wrong understanding, and the property disposition includes the disposition behavior and the disposition consciousness. This requirement is made to distinguish fraud from theft; In this case, there was no misunderstanding in the bank, and there was no misunderstanding when B first applied for the card, so there was no deceived person. How can it constitute fraud?

Only these two, that's the key, and then they have nothing to say. In fact, it is easier to defend theft than fraud, because it is very similar to theft. This case is different from the previous Xu Ting case, which is theft and only suspected of misappropriating public funds.

Wish you success!