Professional lenders will not be sentenced at present, but whether they are individuals or other registered companies or self-employed individuals, as long as they are engaged in granting loans, handling settlements, bill discounts, fund lending, and trust investments without the approval of the People's Bank of China , financial leasing, financing guarantees, and foreign exchange trading are all illegal activities.

Legal Analysis

Professional moneylenders generally do not constitute a crime, but the regulations also state that as long as there is suspicion of a crime, it may constitute a crime and they must bear the corresponding liability. criminal liability. The law does not regulate its punishment for the time being, which means that loan sharking is not a crime. However, for the purpose of making profits through re-lending, the credit funds of financial institutions are defrauded and then re-lent to others at high interest rates. If the amount of illegal income is relatively large, it will constitute the crime of re-lending at high interest rates, and will be sentenced in this case. Whoever illegally grants a huge amount of loans or causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is particularly huge or causes particularly heavy losses, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined. A fine of not less than RMB 20,000 but not more than RMB 200,000 shall be imposed. Any staff member of a bank or other financial institution who violates state regulations and extends loans to related parties shall be severely punished in accordance with the provisions of the preceding paragraph.

Legal Basis

Article 186 of the "Criminal Law of the People's Republic of China and the People's Republic of China" Employees of banks or other financial institutions violate state regulations by granting loans in huge amounts or Whoever causes heavy losses shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan; if the amount is particularly huge or especially heavy losses are caused, he shall be sentenced to fixed-term imprisonment of not less than five years or criminal detention and shall also be fined not less than 10,000 yuan but not more than 100,000 yuan. A fine of not more than 100,000 yuan. Any staff member of a bank or other financial institution who violates state regulations and extends loans to related parties shall be severely punished in accordance with the provisions of the preceding paragraph. If a unit commits the crime in the preceding two paragraphs, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding two paragraphs. The scope of related parties is determined in accordance with the "Law of the People's Republic of China on Commercial Banks" and relevant financial regulations.