1. What should I do if the loan is cheated? Can I get my money back if I report it?
1. If the loan is cheated, you can call the police and return the money, but this is not absolute. In case of online fraud, it is recommended to report to the online crime reporting website or call 1 10 and call the local police station. The other party's behavior is suspected of fraud;
2. After the police arrest the suspect, they can ask the suspect to make restitution. Generally speaking, the criminal suspect will take the initiative to refund compensation in order to gain the understanding of the victim and get a light sentence from the court.
But in any case, you must remember that if you are cheated, you must call the police. If it is necessary to call the police to solve the case, the police shall be relieved of their responsibilities, otherwise they will bear adverse consequences and the bank will recover from the parties to the loan contract.
If you sign a loan contract, you will bear the legal consequences. Although there is fraud in their behavior, the lending bank is a party to the contract and has established a contractual relationship. Obviously, this contractual relationship is cheated. First, provide relevant evidence to the police for handling. The second is to bring a lawsuit to the court, requesting to confirm that the contract is invalid, otherwise it will bear the repayment obligation.
Second, how to punish the crime of fraud?
1. If it constitutes a crime of fraud, it shall be sentenced to fixed-term imprisonment of not more than three years.
Article 266 of the Criminal Law
crime of fraud
Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall 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.
2. Those who defraud public or private property in an amount of more than 3,000 yuan but less than 10,000 yuan, more than 30,000 yuan but more than 100,000 yuan and more than 500,000 yuan are respectively deemed as "large amount", "huge amount" and "especially huge amount" as stipulated in Article 266 of the Criminal Law.
The higher people's courts and people's procuratorates of all provinces, autonomous regions and municipalities directly under the Central Government may, in combination with the economic and social development of the region, jointly study and determine the specific amount standards implemented in the region within the scope of the amount specified in the preceding paragraph, and report them to the Supreme People's Court and the Supreme People's Procuratorate for the record.
Ordinary citizens are defrauded when they borrow money from banks. According to the law, the criminal responsibility of the other party can be investigated for loan fraud or fraud. Whether they can recover the stolen money depends on the investigation of the case. If the people's court can recover the stolen money, it will definitely return the relevant property to the victim.