1. The conviction of defrauding loans shall be decided according to the specific circumstances:
(1) Generally, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, with or without a fine;
(2) Whoever causes particularly heavy losses or has other particularly serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined;
(3) If a unit commits this crime, it shall be fined.
1. Legal basis: Article 193 of the Criminal Law of People's Republic of China (PRC).
The crime of loan fraud is under any of the following circumstances. Whoever defrauds banks or other financial institutions 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 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 not less than 50,000 yuan but not more than 500,000 yuan or confiscated property:
(a) 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.
Second, what is the standard for filing the crime of fraudulent loans?
The standard for filing the crime of defrauding loans is:
1. defrauding loans of more than one million yuan;
2. Obtaining loans by fraudulent means, causing direct economic losses of more than 200,000 yuan to banks or other financial institutions;
3. Although it has not reached the above amount standard, it has repeatedly defrauded loans;
4. Others cause heavy losses to banks or other financial institutions or have other serious circumstances.