If a borrower fabricates facts to obtain a loan and the purpose is to illegally possess other people's property, then this behavior is likely to constitute fraud.

1. Definition of fictitious fact borrowing

Fabricated fact borrowing refers to the act of the borrower deliberately fabricating false information or concealing the true situation during the borrowing process in order to obtain a loan. This behavior often involves forging documents, exaggerating income, concealing debts, etc.

2. The relationship between fictitious fact borrowing and fraud

There is a certain similarity in nature between fictitious fact borrowing and fraud. Fraud refers to the act of defrauding relatively large amounts of public or private property for the purpose of illegal possession, by fabricating facts or concealing the truth. Therefore, when a borrower fabricates facts to obtain a loan and the purpose is to illegally possess other people's property, his behavior may constitute fraud.

3. Factors in determining whether borrowing with fictitious facts constitutes fraud

To determine whether borrowing with fictitious facts constitutes fraud, the following factors need to be considered:

The subjective intention of the borrower : Whether the borrower has the intention to illegally possess other people's property is the key to judging whether his behavior constitutes fraud. If the borrower is temporarily unable to repay for some reason and does not have the intention to illegally occupy other people's property, then his behavior may not constitute fraud.

Objective manifestations of borrowing behavior: Whether the borrower used means to fabricate facts or conceal the truth during the borrowing process, and whether these means are enough to cause the other party to have a wrong understanding and deliver the property, is also a way to judge whether his behavior constitutes important factor in fraud.

The size of the loan amount: The size of the loan amount is also a factor in determining whether a loan based on fictitious facts constitutes fraud. Generally speaking, the larger the loan amount, the more likely it is to arouse the other party’s vigilance and suspicion, thereby increasing the possibility of being identified as a fraud.

In summary:

Whether borrowing money based on fictitious facts constitutes fraud requires a comprehensive judgment based on factors such as the borrower’s subjective intentions, the objective performance of the borrowing behavior, and the size of the loan amount. If a borrower has the intention to illegally possess other people's property and uses fabricated facts or conceals the truth to obtain a loan, his or her behavior may constitute fraud.

Legal basis:

"Criminal Law of the People's Republic of China"

Article 266 provides:

Whoever defrauds public or private property and the amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and may also be fined; if the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than 10 years, and shall also be fined; If the amount is particularly huge or there are other particularly serious circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and shall also be fined or have property confiscated. If this law provides otherwise, the provisions shall prevail.