The object of this crime is a dual object, which not only infringes on the loan ownership of banks or other financial institutions, but also infringes on the national financial management system. Loan refers to the monetary funds provided by banks or other financial institutions as lenders to borrowers and repaid the principal and interest at the agreed interest rate and time limit. In modern society, with the increasing demand for funds for national economic and social development, loans play an increasingly prominent role in social and economic life. Banks and other financial institutions not only participate in the liquidity turnover of enterprises by issuing loans, but also support enterprises to purchase fixed assets and carry out technological transformation to promote the development of production. At the same time, they also promote the circulation of commodities and the development of science, technology, culture and health. At the same time, with the increasing development of China's loan finance business, illegal and criminal activities of fraudulent loans have emerged and become increasingly fierce. Fraud not only infringes on the property ownership of banks and other financial institutions, but also inevitably affects the normal loan business and other financial business of banks and other financial institutions, undermining the stability of China's financial order. Therefore, fraudulent loan behavior infringes on the loan ownership of banks and other financial institutions and the national loan management system, which is more harmful to society than ordinary fraud.
Objectively speaking, this crime is manifested in the act of using fictional facts to conceal the truth and defrauding banks or other financial institutions of a large amount of loans. First of all, this crime is manifested in the behavior of the actor fabricating facts, concealing the truth and defrauding banks or other financial institutions. The so-called fictional facts refer to fabricating facts that do not exist objectively to defraud the trust of banks or other financial institutions; The so-called concealment of the truth refers to the deliberate concealment of some objective facts, which makes banks or other financial institutions have the illusion. According to the provisions of this article, the methods used by the actor to defraud loans mainly have the following manifestations:
1, fabricating false reasons such as introducing funds and projects to defraud banks or other financial institutions for loans. This situation has occurred frequently in recent years. In Shanghai alone, there have been dozens of investment fraud cases in one year. Criminals usually forge huge funds of foreign consortia or huge private deposits of "patriotic Chinese" and deposit them in banks on preferential terms to defraud banks of loans and fees. In addition, many criminals fabricated investment projects with good returns and defrauded banks and other financial institutions for loans.
2. Using false economic contracts to defraud banks or other financial institutions of loans. In order to support production, encourage exports and increase the value of limited funds, banks or other financial institutions sometimes issue loans under economic contracts. Some criminals forged or used false export contracts or other economic contracts with good short-term output rate to defraud banks or other financial institutions of loans. For example, the criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with a false contract, and absconded with the money.
3. Using false documents to defraud loans from banks or other financial institutions. The so-called certification documents refer to the documents needed when applying for loans from banks or other financial institutions, such as letters of guarantee and certificates of deposits. For example, a company borrows millions of yuan from another bank by issuing false deposit certificates through the staff inside the bank.
4, using false proof of property rights as a guarantee or repeated guarantee beyond the value of collateral, defrauding banks or other financial institutions of loans. The title certificate here refers to all documents that can prove that the actor has ownership of real estate such as houses or movable property such as cars, money and bills that can be redeemed at any time. For example, the criminal Zhang used the forged real estate license of a housing development company as collateral to defraud the bank loan of10 million yuan.
5. Those who cheat loans from banks or other financial institutions by other means, among which "other means" refers to forging the official seal and seal of the unit for fraud; Using counterfeit money as collateral to defraud loans; Borrow first and then use fraudulent means to refuse to repay the loan. The spirit of this provision is that no matter what method the perpetrator uses to defraud the loan, he should be investigated for criminal responsibility according to this crime.
The subject of this crime is a general subject, and any natural person who has reached the age of criminal responsibility and has criminal responsibility ability can constitute it, but the unit cannot become the subject of this crime. If the staff of banks or other financial institutions collude with criminals who defraud loans and provide help to them, they should be punished as loan fraud. The so-called collusion, in this crime, refers to the behavior that the staff of banks or other financial institutions collude with the criminals who swindle loans before or during the fraud, * * * discuss or plan with each other, cooperate with the criminals who swindle, and help them commit fraud as insiders. As for the behavior that the staff of banks and other financial institutions collude with other criminals to defraud the money of banks and other financial institutions, we should pay attention to distinguish the nature of the behavior taken by the two kinds of personnel in the same crime. If the staff of financial institutions such as banks mainly take advantage of their positions and others in society only provide help, then the crimes committed against the staff of financial institutions such as banks should be dealt with qualitatively. If it is, it should be punished as a crime, and others in society should be punished as a crime. If it is a crime of duty embezzlement, it should be punished as a crime of duty embezzlement, and other personnel should be punished as a crime of duty embezzlement. If the actions taken are mainly deceptive means of fabricating facts and concealing the truth, and the staff of financial institutions such as banks only provide help, then this crime will be punished qualitatively. We can't treat this crime or other crimes regardless of the situation.
Subjectively, this crime is intentionally constituted with the purpose of illegal possession. Whether the actor's motive for illegally possessing the loan is to squander enjoyment or transfer concealment does not affect the constitution of this crime. On the other hand, if the actor has no purpose of illegal possession, although he used deception when applying for a loan, it cannot be punished as a crime. Banks can stop issuing loans, recover loans in advance or charge interest on loans according to relevant regulations.