The criminal responsibility of obtaining bank loan funds is to be sentenced and fined. According to the latest amendment to the criminal law, the actor obtains loans from banks and other financial institutions, and a large amount will constitute a crime. In the criminal law, the sentencing for this crime is divided into two grades. If it is less than three years or three to seven years, it will be fined according to the circumstances of the crime.

1. What is the criminal responsibility for obtaining bank loan funds?

Obtaining credit funds from financial institutions refers to obtaining loans from financial institutions for the purpose of lending and obtaining illegal income. The behavior itself does not need to be deceptive. If a bank or financial institution obtains a loan by deception, causing heavy losses to the bank or financial institution or other serious circumstances, it may constitute the crime of defrauding a loan. Where loans, bill acceptance, letters of credit, guarantees, etc. are obtained. Whoever swindles the funds of a bank or other financial institution and causes heavy losses to the bank or other financial institution or has other serious circumstances shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

2. What is the key point in determining the crime of defrauding loans?

There are two keys to the crime of defrauding loans:

1, determination of deception,

2. Identification of "causing heavy losses to banks or other financial institutions or other serious circumstances". When handling such cases, judicial organs should pay attention to collecting evidence to prove that the defendant subjectively has the criminal intention of defrauding bank loans. At the same time, we should pay attention to finding enough evidence to prove that the actual consequences of the crime are very serious, which meets the requirement of "causing great losses to banks or other financial institutions or other serious circumstances" in the crime of defrauding loans.

3. What is the filing standard for the crime of defrauding loans?

If the amount of fraudulent loans is more than 1 million yuan, or the amount of direct economic losses caused by fraudulent loans to banks or other financial institutions is more than 200,000 yuan, or the loans are defrauded many times, causing heavy losses to financial institutions or other serious circumstances, the case shall be filed for prosecution. Whether it is the crime of defrauding loans or the crime of defrauding loans, it is objectively manifested in the use of fraudulent means to defraud loans. The difference lies in whether the actor subjectively has the purpose of illegal possession, or there is not enough evidence to prove that there is the purpose of illegal possession, which can only be regarded as the crime of defrauding loans.

To sum up, some people use false contracts to obtain bank loans. If the amount is more than 200,000 yuan, it constitutes the crime of defrauding loans and will be investigated for criminal responsibility. The criminal law has clear legal provisions on this crime, and the sentencing is divided into three years or less or three to seven years. While hearing the case, the court will ask the criminals to compensate for the economic losses caused to the bank.