L, "for the purpose of illegal possession" is an important criterion to distinguish crime from non-crime. When determining the crime of defrauding loans, we can't simply think that as long as the loans can't be repaid at maturity, they should be punished as the crime of defrauding loans. In real life, the loan can't be repaid on time for complicated reasons. For example, some profit plans can't be realized and loans can't be repaid on time, all because of poor management or changes in market conditions. In this case, although the perpetrator was subjectively at fault, he did not have the purpose of illegally possessing the loan, so he could not be considered as this crime. Some people overestimate their repayment ability so that they can't repay their loans on time. Although the actor is subjectively negligent, he has no purpose of illegal possession and should not be punished for this crime. Only those acts of obtaining loans by deception for the purpose of illegal possession constitute the crime of loan fraud. 2. To distinguish between loan fraud and loan disputes. Some borrowers are in arrears for a long time after obtaining loans, and even exaggerate their ability to perform their duties when applying for loans, making up lies and not paying them back when they are due. This kind of loan dispute is easily confused with loan fraud, and the following four points should be grasped to distinguish the two: (1) If the loan fails to repay when it is due, it depends on whether the fact that the actor's performance ability is insufficient at the time of applying for the loan already exists and whether the actor knows this. If you can't fulfill the contract, you don't fully understand it. Even if it is not repaid at maturity, it should not be considered as a crime of fraudulent loans, but should be handled as a loan dispute. (2) It depends on whether the actor actively uses the loan for the purpose agreed in the loan contract after obtaining the loan. Although the actor can't repay the loan after maturity, if the loan is really used for the designated project, it generally means that the actor has no intention to defraud the loan subjectively and should not be punished as this crime. (3) It depends on whether the actor actively repays the loan after it expires. If the behavior only verbally acknowledges the repayment, in fact, it does not actively raise funds to prepare for the return, which cannot prove that the actor has no intention of fraud, no arrears of accounts, and not necessarily no intention of fraud. (4) Based on the above factors, we can comprehensively examine the subjective mentality of the actor through objective behavior in many aspects, so as to find out whether there is the purpose of illegal possession of loans, which is of great significance for correctly distinguishing the boundaries between loan fraud and loan disputes. (2) The boundary between this crime and the crime of fraud is 1, and the criminal objects are different. The object of this crime only refers to the loans of banks and other financial institutions, and the victims are banks or other financial institutions; The object of the crime of fraud includes both money and property. The object not only refers to banks or other financial institutions, but also is much wider than the crime of loan fraud. 2, the field is different. This crime occurs in the process of lending in the financial field; The scope of the crime of fraud is extremely broad, which can involve any field, including the financial field. 3. The objects of infringement are different. This crime will not only violate the ownership of state and public loans, but also violate the state's management system of financial credit, which is a complex object; The object of fraud is the ownership of public and private property. 4. The manifestations of objective behaviors are not exactly the same. Although the essential feature of his behavior is to fabricate facts or conceal the truth, the methods adopted in this crime are all around defrauding loans, and the specific methods are related to the documents and certificates needed for loans, such as fictional introduction of funds and projects; The use of false economic contracts and so on is such a situation; Fraud acts are more diverse, and sometimes the purpose of defrauding other people's property can be achieved only by its golden tongue. 5. The starting point of crime is different. This crime is recognized as the starting point of the crime. According to Article 50 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (II), the starting point for prosecution is 20,000 yuan; The starting point of the crime of fraud is generally around 3000 yuan.

Legal objectivity:

Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if 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 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 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, or his property shall be confiscated: (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) obtaining loans by other means.