Legal analysis
Individuals who want to illegally possess loans and borrow money from banks without authorization with a copy of others' ID cards belong to the case of stealing other people's documents to make loans, and if the amount is larger than that, it constitutes the crime of financial fraud and the crime of disturbing financial management order; However, if bank staff collude maliciously with criminals to obtain loan funds, which is huge or causes heavy losses, they will be punished by criminal law, and those who issue loans to related parties will be severely punished.
It is suggested that the victim should report the case to the public security organ immediately after learning it; At the same time, actively negotiate with the loan bank, ask the bank to determine that the loan contract is invalid, and entrust a third-party appraisal agency to appraise the handwriting when necessary; If the loan contract is signed by bank staff and criminals in malicious collusion, then the victim has the right to ask the bank to declare the loan contract invalid. Finally, if loans overdue and other issues seriously affect the victim's personal credit information, the victim has the right to ask the bank to eliminate bad records. If other economic losses are caused to the victim, the victim has the right to file a civil lawsuit and demand compensation from the relevant personnel.
legal ground
Article 233 of the Civil Code of People's Republic of China (PRC) infringes, and the obligee can solve it through conciliation, mediation, arbitration and litigation.
, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or 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. "
Article 175 of the Criminal Law of People's Republic of China (PRC), whoever borrows credit funds from financial institutions for the purpose of lending, and usures them to others, if the illegal income is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also be fined not less than one time but not more than five times the illegal income; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income. Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Article 175-1 Whoever obtains loans, acceptance bills, letters of credit or letters of guarantee from banks or other financial institutions by deception, thus causing heavy losses to banks or other financial institutions, 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. If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.