Legal subjectivity:
The fraudulent loan of 5 million is suspected of constituting the crime of fraudulently obtaining loans stipulated in Article 175-1 of my country's Criminal Law, and the specific sentence needs to be determined based on the actual circumstances of the fraudulent loan. For example, if a loan, bill acceptance, letter of credit, letter of guarantee, etc. is obtained by fraudulent means, the amount is more than one million, or if a loan, bill acceptance, letter of credit, or guarantee is obtained by fraudulent means, it will cause direct economic losses to banks or other financial institutions. The amount of the loss is more than 200,000 yuan, or although the amount does not reach the above-mentioned amount standard, it has repeatedly obtained loans, bill acceptances, letters of credit, letters of guarantee by deceptive means, or has caused significant losses to banks or other financial institutions or has other In serious cases, they may be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and may also be fined or alone.
Whoever causes particularly heavy losses to banks or other financial institutions or has other particularly serious circumstances will be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined. Legal objectivity:
"Criminal Law of the People's Republic of China"
Article 193
In any of the following circumstances, illegal possession For the purpose of defrauding banks or other financial institutions of loans, if the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan;
If the amount is huge or there is For other serious circumstances, the offender 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 50,000 yuan but not more than 500,000 yuan;
If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to not less than ten years. Fixed-term imprisonment or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or confiscation of property:
(1) Making up false reasons for introducing funds, projects, etc.;
( 2) Use of false economic contracts;
(3) Use of false certification documents;
(4) Use of false property rights certificates as guarantees or repeated guarantees exceeding the value of the collateral ;
(5) Using other methods to defraud loans.