The crime of loan fraud refers to the act of defrauding banks or other financial institutions of a large amount of loans for the purpose of illegal possession.

Article 193rd of China's criminal law specifically stipulates the following specific fraud:

First, the act of fabricating false reasons such as introducing funds and projects;

The second is to use false economic contracts;

The third is to use false documents;

Fourth, the use of false property rights certificates as collateral or repeated guarantees exceeding the value of collateral;

Fifth, defrauding loans by other means (such as forging seals and unit seals to defraud loans, etc.). ).

The following acts should belong to the scope of "defrauding loans by other means":

1. After obtaining the credit loan, maliciously dispose of the loan (such as profligacy), resulting in the failure to repay the loan when it expires;

2. After obtaining the secured loan, dispose of the pledged, mortgaged and secured property and securities without the consent of banks and other financial institutions, resulting in failure to repay the due loan;

3. After legally obtaining the loan, it is unable to repay the loan due to serious losses in investment and operation, and absconds with part of the loan;

4. There are special agreements with banks and other financial institutions on the use of loans, but the loans are used in other high-risk investment fields, resulting in the inability to repay the loans;

5. There is no special agreement with banks and other financial institutions on the purpose of loans, but loans are not used for legal operations, but for criminal activities such as smuggling and illegal operations.

The unit cannot constitute this crime. Staff members of banks or other financial institutions who take advantage of their positions to misappropriate or illegally occupy the state treasury of their own units without legal procedures do not constitute this crime and should be convicted and punished with corresponding crimes.

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