1. The criteria for obtaining loans from financial institutions are as follows:
(1) The direct object of infringement is the state's distribution of credit funds and the level of interest rate management;
(2) Objectively speaking, it is an act of taking credit funds from financial institutions for the purpose of lending for profit, and usury to others;
(3) The subject is the borrower;
(4) Subjectively, it can only be constituted by intention.
Two. Legal basis: Article 175th of the Criminal Law of People's Republic of China (PRC).
The crime of lending with high interest rate is aimed at lending, and if the amount of illegal income is relatively large, it shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and a fine of not less than one time but not more than five times the illegal income shall be imposed; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years, and shall also be fined not less than one time but not more than five times the illegal income.
Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and other persons who are directly responsible shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
Article 175-1 Whoever defrauds a bank or other financial institution of loans, bill acceptance and financial bills by fraudulent means, thus causing heavy losses to the bank or other financial institution or having other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall 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.
Second, what is the filing standard for the crime of high-interest lending?
The criteria for filing the crime of usury are as follows:
1, high-interest lending, illegal income 10 million yuan or more;
2, although not up to the above amount standard, but within two years by administrative punishment for more than two times, and by high interest loans.