First, after legally obtaining a loan, changing the purpose of the loan does not necessarily constitute a loan crime. Second, after defrauding financial institutions by fraudulent means, changing the purpose of loans may become the inducement of loan crimes, but we should still distinguish the reasons for changing the purpose from what it is actually used for. First, regarding the nature of changing the use of loans after legally obtaining loans, the Minutes of the National Symposium on the Trial of Financial Crimes clearly pointed out: "It is necessary to strictly distinguish between loan crimes and loans. After legally obtaining the loan, if the loan is not used according to the prescribed purpose and the loan is returned at maturity, it cannot be convicted and punished for the loan crime. " On the one hand, the actor obtained the loan through legal means, and objectively did not fabricate facts and conceal the truth to defraud the loan. Even if the purpose of illegal possession arises afterwards, the purpose of illegal possession afterwards cannot be attributed to the previous act, and the perpetrator does not constitute a loan crime; On the other hand, in actual cases, many enterprises and parties did apply for loans for the operation of a certain business, but due to changes in the actual situation, the project could not continue, or for other objective reasons, they had to change the purpose of the loans. At this time, the parties still use the loan for the normal business activities of the enterprise, which cannot prove the subjective illegal possession purpose of the actor. Second, it does not necessarily constitute the crime of lending to change the purpose of the loan after using false economic contracts and false documents to defraud the loan. First, the perpetrator is required to objectively commit fraudulent acts of fabricating facts and concealing the truth; On this basis, discuss whether the actor subjectively has the purpose of illegal possession. Changing the purpose of borrowing may be the subjective factor of illegal possession by the case-handling organ, but it cannot be concluded that the purpose of illegal possession is inevitable. Article 193 of the Criminal Law of People's Republic of China (PRC) commits one of the following crimes: whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property: (1) 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) Loans in other ways.
It is illegal to use bank loans, but there are no relevant documents.
It is illegal to use bank loans without relevant documents: first of all, some people say that banks give umbrellas to people with umbrellas. In reality, this is true except for national policy banks such as China Development Bank.
Secondly, in essence, banks are risky enterprises, and internal control and compliance and risk management are their lifelines, because once some customers are overdue, their normal business activities may be affected, and there is a serious risk of total closure, which will cause great losses to social and financial activities.
Also, if the flow of loan funds is abnormal, once it is detected by the CBRC, then the fine is at least a million-level start.
Therefore, only when most high-quality customers fulfill their obligations on time and loan funds do not flow into non-operating and non-consumption areas that are explicitly prohibited, banks will have profit space.
Therefore, before issuing loans, banks will communicate with borrowers about the purpose of loans, and make it clear that they cannot be used in illegal fields such as housing market, stock market and private lending.
In order to get a loan smoothly, borrowers usually actively cooperate with the signing of relevant information. However, once the funds are in place, the bank can not supervise the subsequent use, which also gives the borrower great autonomy.
In order to facilitate the use of funds or ensure the safety of funds, borrowers may choose to split the funds into several parts and transfer them to their affiliated companies, immediate family members or even directly to accounts with the same name in other banks.
The reason is that the borrower's awareness of using funds in compliance is not strong, and the cost of violation is too low. Even if there is illegal use in the subsequent bank inspection, it may be a period of time, and the disciplinary measure is to recover the loan in advance.
However, at present, the regulatory authorities have increased the penalties for bank credit violations, covering illegal loans, loans not used according to the agreed purposes, loans "three checks" are not in place, and post-loan management is not in place.
In this regard, it is not surprising that banks have increased their monitoring of the use of loan funds for their own interests and improved their technical means.
If the borrower changes the purpose of the loan, it means that the borrower defaults, and the bank has the right to ask the borrower to pay off the loan in one lump sum.
Finally, if the actual use is illegal, it is best to find a way to solve it and then use the loan for legal purposes. Otherwise, it will be unpleasant to file a lawsuit for enforcement.
Is it fraud to change the purpose of the loan?
Changing the use of loans is not for the purpose of illegal possession, nor is it a loan.
The crime of loan refers to granting loans to banks for the purpose of illegal possession. And if there is no meaning of illegal possession, that is to say, after the loan is returned, it is also returned, but the purpose of the loan is not in line with the actual situation and does not constitute a loan crime.
Article 266 of the Criminal Law stipulates that public or private property with 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 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 and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.
Extended data:
The methods used by the actor in lending mainly include the following forms:
1, fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions for loans. This situation has occurred frequently in recent years. In Shanghai alone, there are dozens of false investments a year. Criminals usually forge huge sums of money from foreign consortia or "patriotic Chinese in the United States" and deposit them in banks on preferential terms to defraud bank loans and fees. In addition, many criminals fabricated investment projects with good returns and defrauded banks and other financial institutions for loans.
2, the use of false economic contracts from banks or other financial institutions loans. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans under economic contracts. Some criminals forge or use false export contracts or other economic contracts with good short-term output rate, or loans from banks or other financial institutions. For example, the criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with a false contract, and absconded with the money.