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What should I do if Home Credit accuses me of overdue fraud? Someone called me and said they want to sue me and go to jail!

1. 14,000 yuan cannot meet the filing standards for the crime of loan fraud, and is generally only applicable to civil lawsuits requiring loan repayment. Article 50 of the "Regulations of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing and Prosecution of Criminal Cases under the Jurisdiction of Public Security Organs (2)" stipulates that a case must be filed for prosecution if the amount exceeds 20,000 yuan.

2. According to Article 26 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases", if the annual interest rate of a loan exceeds 36%, it is considered usury, and the state shall not impose any interest rate exceeding 36%. Not supported. Whether it is illegal to borrow 15,000 yuan and repay 30,000 yuan is illegal according to national regulations. It mainly depends on the length of the loan. If the borrowing time is less than or equal to 2.75 years, it is usury.

Extended information:

Article 26 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases"

The interest rate agreed upon by both parties If the annual interest rate does not exceed 24%, and the lender requests the borrower to pay interest according to the agreed interest rate, the People's Court shall support it.

If the interest rate agreed between the borrower and the lender exceeds the annual interest rate by 36%, the excess interest agreement is invalid. If the borrower requests the lender to return the interest that has been paid in excess of 36% of the annual interest rate, the People's Court shall support the request.

Article 193 of the Criminal Law of the People's Republic of China

Under any of the following circumstances, defrauding banks or other financial institutions for the purpose of illegal possession If the amount of a loan is relatively large, he 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 10 years, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan. If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false certification documents ;

(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral;

Baidu Encyclopedia - Loan Fraud

Baidu Encyclopedia - Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Supreme People's Procuratorate of the People's Republic of China - Criminal Law of the People's Republic of China (Revised)