Article 31 Principles of Punishment for Crimes Committed by Units Where a unit commits a crime, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be punished. Where there are other provisions in the specific provisions of this Law and other laws, those provisions shall prevail.
What are the provisions of the third and fourth paragraphs of Article 175 of the Criminal Law on the crime of defrauding loans, the crime of bill acceptance and the crime of financial bills? 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.
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. "
According to your description of "forging another right certificate to defraud a loan of 6 million yuan", I think it is consistent with the crime of defrauding a loan. This kind of crime is easily confused with loan fraud. The difference is that the purpose of loan fraud is illegal possession, while the purpose of defrauding loans is only to obtain loan turnover. I've never thought about illegal possession. I'll pay it off if I can. Based on this, I think this behavior may constitute the crime of defrauding loans.
Minutes of the Meeting of Zhejiang Higher People's Court, Zhejiang Provincial People's Procuratorate and Zhejiang Provincial Public Security Department on Relevant Issues Concerning the Application of Laws in Handling the Crime of Obtaining Financial Tickets by Cheating Loan Bills. 2. According to the provisions of the Criminal Law, if an actor obtains loans, bill acceptances and financial bills from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions, he shall be investigated for criminal responsibility. Repayment before the judgment of the first instance may be handled lightly.
If the actor obtains loans, bill acceptances and financial bills from banks or other financial institutions by deception, and the amount is more than RMB100000 yuan but less than RMB 5 million yuan, but the credit funds have been repaid before the investigation organ files the case, which has not caused direct economic losses to banks or other financial institutions, or if the actor provides a guarantee with his own property, and the guarantee is sufficient to repay the principal and interest of the loan, it can be considered as "the plot is obvious and slightly harmless" in Article 13 of the Criminal Law.
If the actor obtains loans, bill acceptances and financial bills from banks or other financial institutions by deception, and the amount exceeds 5 million yuan, which has not caused direct economic losses to banks or other financial institutions, whether it is necessary to pursue criminal responsibility can be determined by comprehensively considering the subjective viciousness of the actor and the objective harmfulness of the behavior, such as whether the actor has cheated in credit granting, trade background, loan use, collateral value and other aspects, and whether it has caused economic losses to others.
Where an actor obtains a loan, bill acceptance or financial bill by deception, causing direct economic losses of more than 200,000 yuan to a bank or other financial institution, it shall be deemed as a "significant loss" as stipulated in Article 175-1 of the Criminal Law.
According to the minutes of the above-mentioned meeting in Zhejiang Province, you defrauded a loan of 6 million yuan. If you didn't cause direct economic losses to banks or other financial institutions, whether you need to be investigated for criminal responsibility needs to be determined by comprehensively considering the subjective disgusting degree of the actor, the objective harm degree of the behavior, whether it caused economic losses to others, and other specific circumstances of the case. Because you didn't specifically tell the situation, we can't accurately answer whether it caused economic losses. It is suggested to repay the loan in time before the first-instance judgment or the incident.
According to the fourth paragraph of Article 175 of the Criminal Law, the criminal law shall investigate the responsibility of the directly responsible person in charge and other directly responsible personnel. The legal person may not be the person directly responsible in this case, but it may be liable if it participates. See the answer above for specific years.