It is illegal to buy a house without running water. Some salespeople in sales offices will offer to help buyers make fake water. According to the bank's law, once the salesperson is found by the bank to help make fake running water, if the circumstances are serious, not only the salesperson will have to bear a fixed-term imprisonment of less than three years, but the property buyer will also be unable to apply for a loan and even be subject to criminal punishment. If the personal credit information of the buyer meets the requirements of the bank, but the bank flow does not meet the requirements, it can provide the spouse's bank flow, or it can be used as a material for applying for a mortgage. So don't take shortcuts and participate in acts that violate bank regulations, which will bring great trouble to your loan.
Elements of loan fraud
(A) the object elements
The object of this crime is a dual object, which not only infringes on the loan ownership of banks or other financial institutions, but also infringes on the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit. In modern society, with the increasing demand for funds for national economic and social development, loans play an increasingly prominent role in social and economic life. Banks and other financial institutions not only participate in the liquidity turnover of enterprises by issuing loans, but also support enterprises to purchase fixed assets and carry out technological transformation to promote production development. At the same time, they also promote the circulation of commodities and the development of science, technology, culture and health. At the same time, with the increasing development of China's loan finance business, illegal and criminal activities of fraudulent loans have emerged and become increasingly fierce. Fraud not only infringes on the property ownership of banks and other financial institutions, but also inevitably affects the normal loan business and other financial business of banks and other financial institutions, undermining the stability of China's financial order. Therefore, fraudulent loan behavior infringes on the loan ownership of banks and other financial institutions and the national loan management system, which is more harmful to society than ordinary fraud.
(b) objective factors
Objectively speaking, this crime is manifested in the act of using fictional facts to conceal the truth and defrauding banks or other financial institutions of a large amount of loans.
First of all, this crime is manifested in the behavior of the actor fabricating facts, concealing the truth and defrauding banks or other financial institutions. The so-called fictional facts refer to fabricating facts that do not exist objectively to defraud the trust of banks or other financial institutions; The so-called concealment of the truth refers to the deliberate concealment of some objective facts, which makes banks or other financial institutions have the illusion.
Legal basis:
Criminal law of the people's Republic of China
Article 193 Crime of loan fraud: whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession in any of the following circumstances, 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.
Article 280 Whoever forges, alters, buys or sells or steals, seizes or destroys official documents, certificates and seals of state organs shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Whoever forges the seal of a company, enterprise, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.