1. If the actor borrows credit funds from financial institutions to lend to others at high interest rate for the purpose of lending, and the illegal income reaches more than 654.38+10,000 yuan, or he has been punished twice and lent at high interest rate, he shall file a case;

2. For the purpose of lending, taking credit funds from financial institutions and lending them to others at high interest, the amount of illegal income is large, which constitutes the crime of lending at high interest. The crime of lending at high interest 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, it 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.

The crime of lending at high interest rate refers to the act of taking credit funds from financial institutions and lending them to others at high interest rate, resulting in a large amount of illegal income.

According to the "General Rules for Loans" promulgated by the People's Bank of China, loans shall not be used for borrowing to seek illegal income; It can be considered that anyone who obtains loans from financial institutions for the purpose of borrowing illegal income belongs to taking loans from financial institutions. Because relevant laws and regulations prohibit making profits from loans, actors generally apply for loans from financial institutions on false loan reasons or loan conditions. However, this does not mean that this crime must be deceptive. It is still a crime for the person in charge of a financial institution to collude with the person in charge of a financial institution, and the person in charge of a financial institution still issues loans when he knows the truth.

After obtaining credit funds from financial institutions for the purpose of lending, the actor obviously uses this part of the funds for production and operation, but lends his own funds to others at high interest rate, and the illegal income is large, which should be considered as this crime; If the actor takes credit funds from financial institutions for the purpose of lending for profit, and lends them at high interest rate to enterprises that are nominally affiliated but actually do not participate in the operation, and the amount of illegal income is large, it should also be considered as this crime.

legal ground

Criminal law of the people's Republic of China

Article 175 The crime of usury is aimed at usury, and if the illegal income is relatively large, it 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.

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 sentenced to fixed-term imprisonment of not more than three years or criminal detention by the filial piety office.