Legal analysis
The identification of loan fraud mainly includes the following points: 1. The fraudster subjectively has the intention of illegal possession, that is, the perpetrator has the intention of not paying back the loan. The crime of fraud takes the illegal possession of the actor as the subjective element. Therefore, the liar's "borrowing money" is only a fictional cover, and subjectively there is no intention of returning it. 2. When borrowing money, fraudsters will use fictional facts and conceal the truth, which will lead to the wrong understanding of the victims, such as fictional borrowing for some investment or profit-making activities, or fictional financial situation, which will make the victims mistakenly think that they have the ability to return. 3. The fraudsters will not consider returning the property after defrauding it, so they have no concern and restriction on the use of the property, which directly leads to the loss of the property, such as using the loan for gambling, drug abuse or personal extravagance. The standard for filing the crime of loan fraud is to defraud banks or financial institutions to obtain loans of more than 1 10,000 yuan.
legal ground
Article 266 of the Criminal Law of People's Republic of China (PRC) stipulates that 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 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.