Legal analysis: If the result of non-repayment when due has occurred, it depends on whether the fact that the perpetrator has a serious lack of ability to perform has already existed when applying for the loan, and whether the perpetrator is aware of this.

Legal basis: Article 193 of the "Criminal Law of the People's Republic of China": Under one of the following circumstances, for the purpose of illegal possession, defrauding a bank or other financial institution of a loan of a relatively large amount If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not more than 500,000 yuan; if the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false supporting documents;

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(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; (5) Using other methods to defraud loans.