Case: Yang applied for a loan from the bank because of the company's tight liquidity. The loan officer of the bank (Yang's classmate) told Yang that because Yang had not repaid the loan in the bank before, he could no longer handle it in his name, but he could handle it in someone else's name. Yang asked his relative Zhang to apply for a loan of 654.38 million yuan in his name, and Zhang agreed. Sun helped Yang with the loan procedures in the name of Zhang. Later, Yang repeatedly asked Sun to apply for a loan of 654.38 million yuan in the name of his relatives Wang, Li and Zhao. Hou Yang was unable to repay the loan of 400,000 yuan due to poor management of the company. Disagree: The first opinion is that Yang does not constitute the crime of defrauding loans. There are two kinds of civil legal relations between Yang and four famous people and banks. The relationship between Zhang, Wang, Li and Zhao and the bank is a civil loan relationship, and the relationship between Yang and these four people should not be adjusted by criminal law. The second opinion is that Yang, Zhang, Wang, Li, Zhao and Sun are guilty of defrauding loans. The third view is that Yang and Sun committed the crime of defrauding loans. Comment: The author agrees with the third opinion for the following reasons: First, the crime of defrauding loans is an act of obtaining loans from banks or other financial institutions by deception, causing heavy losses or other serious circumstances. This crime was added in the sixth amendment of the Criminal Law in 2006. As one of the articles 175 of the Criminal Law, it makes up for the legislative deficiency of the crime of loan fraud requiring "illegal possession". The crime of "cheating" should refer to the means that can disturb the order of financial management. Judging from the judicial practice, as the deception means of this crime, the most important means are fictitious investment projects, fictitious guarantee units and fictitious collateral, but other false means that can disturb the financial management order are not excluded. Secondly, in this case, Yang Zaiming used his personal relationship with bank loan officers to apply for a loan of 400,000 yuan in the name of relatives Zhang, Wang, Li and Zhao, which was enough to disrupt the bank's financial management order. Yang applied for a loan in the name of others, but he could not repay it at maturity, which caused great losses to the bank and constituted the crime of defrauding loans. In this case, Yang played a leading role in the handling of the above four loans, and was the actual loan applicant and user. It is different from the situation that Zhang, Wang, Li and Zhao each applied for a loan of 65,438+10,000 yuan from the bank and gave it to Yang for use (in this case, Zhang, Wang, Li and Zhao have a private lending relationship with the bank, and Yang and the four have a private lending relationship). Therefore, in the first opinion, there are two kinds of civil legal relations between Yang and the four top celebrities and banks, which are not within the scope of criminal law adjustment, so the view that Yang does not constitute the crime of defrauding loans is not established. Third, Zhang, Wang, Li and Zhao were aware of Yang's fraudulent use of his own name to apply for a loan from the bank and actively assisted him. Suspected of the same crime, but did not meet the prosecution standard of 200,000 yuan, so it does not constitute the crime of defrauding loans. Sun, a bank loan officer, is aware of Yang's behavior of handling loans in the name of others. For banks, Yang's and Sun's actions are deceptive acts that seriously undermine the financial management order, and they have taken active assistance to make the bank's loan of 400,000 yuan unrecoverable, which is the crime of Yang's fraudulent loan, which constitutes the crime of fraudulent loan. (Author: People's Procuratorate of Huimin County, Shandong Province)