When determining the crime of defrauding loans, we can't simply think that as long as the loans can't be repaid at maturity, they should be punished as the crime of defrauding loans. In real life, the loan can't be repaid on time for complicated reasons. For example, some profit plans can't be realized and loans can't be repaid on time, all because of poor management or changes in market conditions. In this case, although the perpetrator was subjectively at fault, he did not have the purpose of illegally possessing the loan, so he could not be considered as this crime. Only those acts of obtaining loans by deception for the purpose of illegal possession constitute the crime of loan fraud.

legal ground

Article 193 of the Criminal Law shall, for the purpose of illegal possession, defraud a bank or other financial institution of loans under any of the following circumstances, and the amount is relatively large, and 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.