Loans that encounter online fraud should generally be returned, but if the platform party does not pay the money, it does not need to be repaid. Being cheated into signing a loan is a revocable act, and you can request the people's court or an arbitration institution to cancel the contract. A loan relationship entered into by one party against the true meaning by means of fraud, coercion or taking advantage of others' danger shall be deemed invalid.

Won't online lending go to jail?

Under normal circumstances, online lending is not enough, but it only needs to bear civil liability and will not go to jail. However, certain circumstances constitute a crime, such as:

Obtaining loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances, and defrauding banks or other financial institutions for the purpose of illegal possession, if the amount is relatively large, constitutes the crime of loan fraud, and criminal responsibility needs to be investigated and sentenced to fixed-term imprisonment:

Fabricating false reasons such as introducing funds and projects;

(two) the use of false economic contracts;

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.

The platform for overdue loans is mainly products that do not need to check credit information when applying, such as the petty cash in Alipay and the monthly payment of Meituan in Meituan. Such products do not need to be authorized to inquire about credit information when applying, so even if there are overdue records in credit information, there is a certain probability that they can pass the loan review and finally get loan funds.

legal ground

Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, 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 but not more than ten years and shall also be fined; 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 or confiscated. Where there are other provisions in this Law, such provisions shall prevail.