Legal analysis: "for the purpose of illegal possession" is the premise of the crime of loan fraud and the key to distinguish crime from non-crime. Compared with fraud itself, the purpose of illegal possession of the actor has become a difficult point in the trial and identification of such cases because there is no clear and specific judgment standard. If the defrauded loan has been returned, because the act of returning the loan itself can show that the actor does not have the purpose of illegally possessing the loan, it cannot be determined that the actor constitutes the crime of loan fraud; For those who refuse to return the loan after obtaining it by deception, because the act of refusing to return is enough to prove that the actor has the purpose of illegally possessing the loan, it should be considered that the actor constitutes the crime of loan fraud.

Legal basis: Article 193 of the Criminal Law of People's Republic of China (PRC) commits the crime of loan fraud. Under any of the following circumstances, whoever defrauds a bank or other financial institution for the purpose of illegal possession, if the amount is relatively large, 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 are other serious circumstances, he 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 especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

(3) using false documents;

(four) the use of false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral;

(5) obtaining loans by other means.