It is the bottom line of breaking the law. If the lender finds the following circumstances overdue, it may be sentenced:
1, suspected of loan fraud
The crime of loan fraud refers to the act of making up false reasons such as introducing funds and projects, using false economic contracts, false documents, using false property rights certificates as guarantees, repeatedly guaranteeing beyond the value of collateral, or defrauding banks or other financial institutions of loans by other means.
According to Article 193 of the Criminal Law, whoever defrauds banks or other financial institutions in a relatively large amount 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 or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
2. Suspected of fraudulent loans.
The crime of defrauding loans refers to the act 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.
According to the provisions of Article 175 of the Criminal Law, whoever defrauds a large amount of loans shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention and a fine or a single fine; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.
The crime of fraudulently obtaining a loan is not aimed at illegal possession, but only when the loan conditions are not met, the loan is obtained by illegal means and there is a willingness to return it. The subjective intention of the crime of loan fraud is to defraud the loan by illegal means and illegally possess it. The above two crimes have different subjective purposes.
3. Suspected of malicious overdraft.
Malicious overdraft of credit card refers to the behavior that the cardholder overdraws beyond the prescribed limit or term for the purpose of illegal possession, and refuses to return it after being urged by the issuing bank.
According to Article 196 of the Criminal Law and Article 6 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious overdraft is more than 654.38+million yuan but less than 654.38+million yuan, it shall be deemed as a "large amount" as stipulated in Article 196 of the Criminal Law, and may be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan.
If the amount of malicious overdraft is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law, and it may be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and a fine of not less than 50,000 yuan but not more than 500,000 yuan;
If the amount of malicious overdraft is more than 6,543,800 yuan, it is "extremely huge", and it can be sentenced to fixed-term imprisonment of more than 10 years or life imprisonment, and a fine of more than 50,000 yuan but less than 500,000 yuan or confiscation of property.
It should be noted that the amount of malicious overdraft refers to the amount that has not been returned and has not been returned, excluding late fees, compound interest and other fees charged by the issuing bank.
Extended data:
Conditions for filing a criminal case
According to Article 162 of the Procedures for Handling Criminal Cases by Public Security Organs, "If a public security organ believes that the criminal facts that need to be investigated for criminal responsibility belong to its own jurisdiction after accepting a case, the accepting unit shall make a criminal filing report and file the case with the approval of the person in charge of the public security organ at or above the county level." Therefore, there are three criteria for filing a case:
1, criminal facts
That is, the case that has been accepted, the criminal suspect's behavior has violated the criminal law and constituted a crime. This criminal fact exists objectively, not subjectively; The existing evidence proves that it is not groundless.
2, need to be investigated for criminal responsibility.
That is, the criminal acts of criminal suspects need to be punished according to law. If his behavior only constitutes a crime and criminal responsibility should not be investigated according to law, the case shall not be filed.
3, belong to their own jurisdiction
As mentioned above, public security organs can only govern cases that are under their jurisdiction according to the law, and those that should be under their jurisdiction must be managed, whether it is dereliction of duty; What should not be managed must be ignored, and what is managed is ultra vires.
Reference: Baidu Encyclopedia: Criminal Law