Legal analysis: Even if the defrauded loan has been returned, the previous illegal behavior cannot be eliminated. The person will bear criminal responsibility for the defrauded loan. As for the circumstances of returning the loan, it can be considered as a sentencing circumstance.

Legal basis: "Interpretations of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Fraud" Article 10 For the purpose of illegal possession, defrauding banks or other financial institutions of loans, the amount If it is larger, it constitutes the crime of loan fraud.

"Other serious circumstances" refers to:

(1) Bribing a large amount to staff of a bank or financial institution in order to obtain a loan;

(2) Squandering the loan, or using the loan to engage in illegal activities, resulting in the inability to repay the loan when it expires;

(3) Concealing the whereabouts of the loan and refusing to repay it after the loan period expires;

(4) Providing false guarantees to apply for a loan, but refusing to repay it after the loan period expires;

(5) Applying for a loan in the name of another person, but refusing to repay it after the loan period expires.

"Other particularly serious circumstances" refers to:

(1) Bribing a huge amount to staff of a bank or financial institution in order to obtain a loan;

(2) Escape with the funds raised;

(3) Use the loan to carry out criminal activities.

If the amount of loan fraud committed by an individual is more than 10,000 yuan, it is classified as "large amount"; if the amount of loan fraud committed by an individual is more than 50,000 yuan, it is classified as "huge amount"; If the amount exceeds 200,000 yuan, it is classified as "extremely huge amount."