Mortgage after renting a car constitutes a crime. The rented car can't be mortgaged. If the mortgage is successful and the driver knows, there is a certain fault. Whether it constitutes a crime depends on the amount of debt and whether the circumstances are serious. Malicious mortgage of rental car is suspected to constitute the crime of contract fraud, and the sentencing should be determined according to the specific circumstances.

The party renting the vehicle does not own the ownership of the vehicle, but the ownership belongs to the lessor. To a certain extent, using such vehicles as collateral constitutes the crime of contract fraud. The crime of contract fraud is a crime stipulated by the law, which mainly refers to the behavior that the actor defrauds the property of the other party to the contract by fictional facts or concealing the truth for the purpose of illegal possession, and is suspected of a large amount.

First, the constitutive elements of the crime of contract fraud:

1. The objects of this crime are: the state's management of economic contracts and the ownership of others' property;

2. Objectively, it is mainly manifested that the actor uses false facts or conceals the truth to defraud the property of the other party to the contract in the process of signing or performing the contract, and the suspected amount is large;

3. The subject of this crime can be an individual or a unit;

4. Subjectively, it is mainly manifested as direct intentional and illegal possession.

Legal basis: Criminal Law of People's Republic of China (PRC).

Article 224

Under any of the following circumstances, if the amount involved is relatively large in the process of signing and performing a contract for the purpose of illegal possession, he shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; 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 or confiscated:

(1) Signing a contract in the name of a fictitious entity or others;

(2) Using forged, altered or invalid bills or other false certificates of property rights as collateral;

(three) to perform a small contract or part of the contract first, to deceive the other party to continue to sign and perform the contract, and to have no actual performance ability;

(4) After receiving the payment for goods, advance payment or secured property paid by the other party;

(5) defrauding the other party's property by other means.

Article 224 bis

In the name of business activities such as selling goods and providing services, organizations and leaders require participants to obtain membership by paying fees or purchasing goods and services, and form hierarchies in a certain order, and directly or indirectly use the number of developers as the basis for remuneration or rebate, to induce or coerce participants to continue developing pyramid schemes that others participate in, to defraud property and disrupt economic and social order, and to be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and fined.