1. What are the types of financial fraud crimes?
1. Financial fraud crimes include:
(1) Fund-raising fraud, for the purpose of illegal possession, Using fraudulent methods to illegally raise funds;
(2) Loan fraud, defrauding banks or other financial institutions of loans for the purpose of illegal possession;
(3) Bill fraud, financial The crime of voucher fraud;
(4) The crime of letter of credit fraud, using forged or altered letters of credit or accompanying documents and documents;
(5) The crime of credit card fraud, using Counterfeit credit cards, invalid credit cards, etc. are used to conduct credit card fraud.
2. Legal basis: Article 193 of the "Criminal Law of the People's Republic of China"
The crime of loan fraud has one of the following circumstances, with the purpose of illegal possession , whoever defrauds loans from banks or other financial institutions, and 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 not less than five years in prison or criminal detention. Whoever commits a crime shall be sentenced to fixed-term imprisonment of 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 particularly huge or there are other particularly 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. The following fines or confiscation of property:
(1) Making up false reasons for introducing funds, projects, etc.;
(2) Using false economic contracts;
(3) Using false certification documents;
(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;
(5) Using other methods to defraud loan.
2. What are the constitutive characteristics of financial fraud crime
The constitutive characteristics of financial fraud crime are as follows:
1. The object violates the financial management order and public and private matters. Property ownership is a complex object;
2. The objective aspect is the use of fabrications or concealing the truth to undermine the order of financial management and defraud public and private property, and the amount is relatively large;
3. The subject is a general subject, which can be constituted by both units and natural persons;
4. Subjectively, they are intentional and have the purpose of illegally occupying public and private property.