1. Different definitions: the crime of defrauding loans refers to the act of obtaining loans from banks or other financial institutions by deception, causing heavy losses to banks or other financial institutions or other serious circumstances. The crime of loan fraud refers to the act of defrauding banks or other financial institutions for the purpose of illegal possession, with a large amount or other serious circumstances;

2. Purpose and use of fraudulent loans: if fraudulent loans are used for production and operation, but in fact all or most of the funds are actually used for production and operation, they should be convicted of fraudulent loans; If the fraudulent loan is used for personal profligacy or repayment of personal debts, it should be identified as loan fraud;

3. Economic capacity and operating conditions of the unit: if the unit has normal business and strong economic capacity and repayment ability when defrauding loans, it should be convicted of defrauding loans; If the unit itself is a shell company, or insolvent and has no normal and stable business, it should be convicted of loan fraud;

4. Consequences caused by fraudulent loans: If all or most of the fraudulent loans have been returned, they shall be convicted of fraudulent loans. If it is not actually returned, we should further investigate the reasons for not returning it. All or most of the funds are put into production and operation, but they cannot be returned because of business failure, and should be convicted of defrauding loans; If it is not because of business failure, but because of personal profligacy, it should be convicted of loan fraud;

5. Repayment ability after the incident: if the actor has repayment ability after the incident and actively raises funds to repay all or most of the loans, he should be convicted of defrauding loans; If the perpetrator does not have the repayment ability after the crime, and all or most of the loans are not actually returned, it should be identified as loan fraud.

The elements that constitute the crime of fraud are as follows:

1, the objective elements of fraud. The object of the crime of fraud is the ownership of public and private property. Some criminal activities, although they also use some deception and even pursue some illegal economic interests, are not or are not limited to the ownership of public and private property.

2. The objective elements of fraud. The crime of fraud is objectively manifested in the use of fraud to defraud a large number of public and private property.

3. The main elements of fraud. The subject of the crime of fraud is the general subject, and any natural person who reaches the legal age of criminal responsibility and has the ability of criminal responsibility can constitute the crime of fraud.

4. Subjective elements of fraud. Subjectively, the crime of fraud is direct and intentional, with the purpose of illegal possession of public and private property.

To sum up, the essential difference between the crime of loan fraud and the crime of loan fraud lies in whether it aims at "illegal possession". If the loan obtained by the actor is often used for personal debt repayment, profligacy, personal consumption, etc. It belongs to "for the purpose of illegal possession" and constitutes the crime of loan fraud. If the actor does not have the objective of illegal possession subjectively, and the loans obtained are often used for production and operation, improving the welfare of the company, etc. , is the crime of defrauding loans.

Legal basis:

Article 175 of the Criminal Law of People's Republic of China (PRC)

Where loans, bill acceptance, letters of credit, guarantees, etc. are obtained. Whoever defrauds a bank or other financial institution of funds and causes heavy losses to the bank or other financial institution shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; Whoever causes particularly heavy losses to banks or other financial institutions 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.

If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.