The act of defrauding a loan constitutes a loan crime when it reaches the circumstances stipulated in the criminal law.

According to Article 193rd of the Criminal Law of People's Republic of China (PRC):

One of the following circumstances constitutes a loan crime. Whoever borrows a large amount from a bank or other financial institution for the purpose of illegal possession 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, fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:

(a) 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) Loans in other ways.

According to Article 4 of the Notice of the Supreme People's Court Municipality on Printing and Distributing the Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Cases:

According to the provisions of Article 10 of the Decision, a large amount of loans to banks or other financial institutions for the purpose of illegal possession constitutes a loan crime.

"Other serious circumstances" as stipulated in Article 10 of the Decision refers to:

(1) paying a large amount of bribes to the staff of a bank or financial institution in order to defraud loans;

(two) squandering loans, or using loans for illegal activities, resulting in loans that cannot be repaid when they expire;

(three) concealing the whereabouts of the loan and refusing to repay it after the expiration of the loan period;

(four) to apply for a loan by providing false guarantee, and refuse to repay it after the expiration of the loan period;

(five) to apply for a loan in the name of others, and refuse to repay the loan after the expiration of the loan period.

"Other particularly serious circumstances" as stipulated in Article 10 of the Decision refers to:

(1) bribing the staff of a bank or financial institution for the purpose of defrauding loans, with a huge amount;

(2) absconding with money;

(three) the use of loans for criminal activities.

If the personal loan amount is more than 6,543,800 yuan, it is a "large amount"; Personal loans of more than 50,000 yuan are "huge"; Personal loans of more than 200,000 yuan are "extremely huge".

Extended data:

According to Article 186th of the Criminal Law of People's Republic of China (PRC):

Crime of illegally issuing loans: staff of banks or other financial institutions who issue loans in violation of state regulations and the amount is huge or cause heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined not less than 10,000 yuan but not more than 100,000 yuan.

If the amount is especially huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years and fined not less than 20,000 yuan but not more than 200,000 yuan. Employees of banks or other financial institutions who issue loans to related parties in violation of state regulations shall be given heavier punishment in accordance with the provisions of the preceding paragraph.

If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties is determined in accordance with the Law of People's Republic of China (PRC) Commercial Bank and relevant financial laws and regulations.

Fake loan refers to the fact that people who actually need loans can't get the needed loans in credit cooperatives through normal procedures for various reasons, so they get illegal loans in credit cooperatives under the guise of others.

(The difference between borrowing in the name of others and impersonating a loan is knowing and not knowing, and impersonating a loan is more serious. ) Loans and counterfeit loans mainly take the following forms:

1. Some account managers of credit cooperatives engage in business activities directly or indirectly. When they need liquidity, they often issue self-approved loans in the form of false loans (mainly to defraud or forge the borrower's ID card and loan certificate, carve fake seals privately, imitate the borrower's signature, and obtain loans in the name of the lender).

2. When the close relatives of the account managers of credit cooperatives need loans but do not meet the loan conditions, the account managers may issue related party loans under the guise of others.

3. At present, in order to strengthen credit management, credit cooperatives strictly control cross-regional loans and formulate strict punishment measures. Because cross-regional loans are obvious, in order to avoid cross-regional loans, the account manager will issue cross-regional loans in the name of others within the jurisdiction.

4. Although the borrower meets the requirements, but has applied for a loan before, it can no longer be issued according to the regulations. In this case, if the account manager still wants to handle this loan business, it is possible to issue large loans in the form of fake loans (some loans are issued to enterprises in the name of corporate legal persons or shareholders).

At present, credit cooperatives implement strict loan authorization system, and account managers can only issue loans within their authority. When they exceed their authority, the account manager should report to the authorized person for approval.

When the account manager wants to issue a loan because the approval is not passed for some reasons, the account manager may issue a super-authorized loan in the form of a fake loan, making the loan authorization letter a dead letter.

6. In order to avoid supervision, the account manager uses more than two people to impersonate or borrow names to handle multiple loans at the same time, and one person uses them.