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 Affecting 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 it 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 6,543,800 yuan but less than 6,543,800 yuan, it shall be deemed as a "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.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 119 A prosecution must meet the following conditions:
(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;
(2) Having a clear defendant;
(3) Having specific requests, facts and reasons;
(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.