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.
This article is about the crime of lending at high interest and its punishment. * * * is divided into two sections.
The first paragraph of this article is about the crime and punishment of individuals absorbing loans from financial institutions and lending them to others for illegal profits. According to this article, the constitutive requirements of this crime have the following characteristics: 1. The subject of this crime includes natural persons and units. 2. Objectively, the actor lends the credit funds of financial institutions to others at high interest rates and lends them for profit. The term "taking credit funds from financial institutions and lending them to others at high interest" as mentioned in this article refers to making up false reasons to take credit funds from financial institutions such as banks, trust and investment companies, rural credit cooperatives and urban cooperative banks and then lending them to a third party. The funds lent by the actor to others must be the credit funds of financial institutions. If the actor only lends his remaining funds to others, it does not constitute a crime. "Lend to others at high interest rate" mentioned in this article. It means that the actor lends the credit funds of financial institutions to others at an interest rate much higher than the loan interest rate of financial institutions, and obtains illegal interest from them. 3. The actor subjectively has the purpose of lending for profit. 4. The actor lends the credit funds of financial institutions to others to obtain illegal benefits, and only a large amount constitutes a crime, which is an important boundary to distinguish crime from non-crime.
The second paragraph of this article is about the crime of lending the credit of financial institutions to others for illegal profit and its punishment. The "units" here include not only companies, enterprises or other units that are not in the financial system, but also some so-called three-level enterprises and units run by the financial system itself. The so-called colleges and universities run by some banks or other financial institutions have taken advantage of the unique conditions of the subordinate units of financial institutions to obtain loans from financial institutions at low interest rates and then lend them to others at high interest rates to obtain illegal benefits, which has seriously undermined the financial order and must be resolutely cracked down. According to the provisions of this article, if a unit commits the crime specified in this article, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.