1. What is the crime of helping others defraud bank loans?
This situation is suspected of loan fraud, which means that a natural person or unit obtains loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances. The key to determine the crime is to see whether there is a causal relationship between the actor's "cheating" behavior and obtaining loans from financial institutions in criminal law.
The crime of defrauding loans can be punishable by up to 7 years' imprisonment and a fine. Where loans, bill acceptance, letters of credit, guarantees, etc. are obtained. Whoever defrauds a bank or other financial institution of funds and causes heavy losses to the bank or other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined.
Second, what are the circumstances of the crime of defrauding loans?
Possible situations include: obtaining loans, bill acceptance, letters of credit, letters of guarantee, etc. By fraudulent means, resulting in one of the following consequences:
1, and the amount is greater than 1 ten thousand yuan;
2, causing direct economic losses to banks or other financial institutions in the amount of more than 200 thousand yuan;
3. Obtain loans, bill acceptance, letters of credit, letters of guarantee, etc. Take fraudulent means for many times, although it does not meet the above-mentioned amount standard;
4. Other serious circumstances.
The crime of defrauding loans refers to the crime of obtaining loans from banks or other financial institutions by deception, which causes heavy losses to banks or other financial institutions or has other serious circumstances. The crime of defrauding loans should not have the purpose of illegal possession subjectively. If there is the purpose of illegal possession, it constitutes the crime of loan fraud.
Third, how to identify the crime of defrauding loans?
The crime of defrauding loans is identified as follows:
1. This crime is objectively manifested as an act of using fictional facts to conceal the truth and defrauding banks or other financial institutions of a large amount of loans.
2. Subjectively, this crime is intentionally constituted with the purpose of illegal possession.
3. The subject of this crime is the general subject.
4. The object of infringement is to destroy the financial management order of the country.
According to the law, if the amount involved in the crime of defrauding loans is more than one million yuan, criminal responsibility can be investigated; If the amount of direct economic losses caused to banks or other financial institutions is more than 200 thousand yuan, criminal responsibility can also be investigated; Or reach 80% of the above two figures and defraud loans many times, you can also be investigated for criminal responsibility.
Helping others to defraud bank loans will constitute the crime of defrauding loans. If this act causes heavy losses, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall also or only be fined; Whoever causes particularly heavy losses or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.