1. Is the overdue online loan a credit fraud?

1, but overdue online loans generally do not constitute fraud, but they need to bear corresponding responsibilities.

2. If the borrower defrauds the loan by fraudulent means, and the malicious loan is not repaid, which meets the conditions of fraud, it should be counted as online fraud. If only the online loan is overdue, it does not involve fraud.

Article 266 of the Criminal Law

If the crime of fraud defrauds public or private property, and the amount is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

Second, what are the consequences of overdue online loans?

1, and bear high overdue fees.

Different online lending platforms have different names of overdue fees, which may be called overdue penalty interest and overdue management fees. What is unified is that their charging standards are very high. Therefore, those who have the ability to repay on time should never be overdue.

2, undertake the platform fancy collection.

Collection is generally divided into three stages:

(1) In the first stage, just a few days overdue, the customer service of the platform whispered a warm reminder that it is overdue, so please repay it on time;

(2) In the second stage, if it is overdue for a long time, the platform customer service will give a serious warning, and if it is threatened to be overdue again, it will face serious consequences;

(3) In the third stage, after a long overdue period, the platform launched practical actions. There are many kinds of practical actions.

The debtor will face a national crisis of confidence.

(1) Now all online lending platforms have established a blacklist system, and blacklisted platforms have begun to communicate with each other. Borrowing on one platform is overdue, and borrowing on other platforms will be very difficult.

(2) The online lending platform will publicize the blacklist through online channels, even on the big screens of railway stations and airports. Of course, ordinary borrowers will not go so far except those who owe money maliciously.

4. The credit information of China People's Bank is tainted.

(1) It has become an inevitable trend for online lending platforms to access the credit information system of the People's Bank of China. In the future, overdue loans from online lending platforms will be recorded in the credit information system of China People's Bank like bank loans and credit cards, resulting in credit stains.

(2) After the credit information is defiled, it will affect real life. If you want to buy a house, you can't borrow money. You can't get a mortgage if you want to buy a car.

5. Take legal responsibility.

After the loan is overdue for a long time, the online lending platform will generally sue the court. Once the court decides that the online lending platform wins the case, the borrower must not only pay the amount to be repaid, but also pay the legal fees, attorney fees and security fees of both parties.

Whether the overdue online loan belongs to credit fraud should be judged according to the specific situation. If the parties owe a lot of money, but they don't pay it back maliciously, then the parties may constitute fraud. The parties should not only bear the corresponding criminal responsibility, but also pay a lot of fines, but the specific sentencing should be judged according to the circumstances.