Legal analysis

Whoever defrauds public or private property, that is, public accumulation fund, with 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 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. Workers who withdraw the balance stored in the housing provident fund account by deception can apply for housing provident fund loans after 2 years from the date of full refund; If the circumstances are serious, you can only apply for housing provident fund loans within 5 years from the date of full refund, and the loanable amount does not exceed 50% of the normal application amount; Employees who have lived in loans overdue for more than 6 periods (including 6 periods) can apply for housing provident fund loans for 2 years from the date of loan settlement; If the circumstances are serious, you can only apply for a housing provident fund loan for 5 years from the date of loan settlement; For employees who provide false information to defraud loans, the provident fund center will keep bad credit records for 5 years, during which the application for housing provident fund loans will not be accepted; If the circumstances are serious, legal responsibility shall be investigated. Anyone suspected of forging, altering or using forged or altered certificates and seals of relevant units shall be transferred to public security organs for investigation in accordance with relevant regulations, and criminal responsibility shall be investigated according to law if the case constitutes a crime.

legal ground

Article 193rd of the Criminal Law of People's Republic of China (PRC) commits one of the following acts. Whoever defrauds a bank or other financial institution of loans for the purpose of illegal possession, if the amount is relatively large, 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 particularly 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 his property shall be confiscated: (1) 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) obtaining loans by other means.