1. Elements of the crime of fraudulently obtaining loans

Since bank loans have become more and more popular, the ensuing loan loopholes have been exploited by people with malicious intentions. As we all know, there are many types of loans: student aid, housing, starting a business, etc., all of which can be obtained through bank loans. Each project requires different information, but some people provide false information to defraud the loan, so this defrauds the loan What are the elements of the crime? I have briefly summarized it for you, please continue reading:

1. Definition of the crime of fraudulently obtaining loans

According to the "Criminal Law Amendment (6)" According to the provisions of the Act, the crime of fraudulently obtaining loans refers to the act of obtaining loans, bill acceptances, letters of credit, letters of guarantee, etc. from banks or other financial institutions by deceptive means, causing heavy losses to banks or other financial institutions or having other serious circumstances.

2. Identification of the crime of fraudulently obtaining loans

In judicial practice, if the perpetrator has one of the following circumstances, his behavior should be determined to be "for the purpose of illegal possession, bank or other financial "Loans from institutions":

(1) Absconding with the loan after taking the loan;

(2) Not using the loan according to its purpose but squandering it, resulting in the inability to repay the loan;

(3) Using the loan to carry out illegal and criminal activities, resulting in the inability to repay the loan;

(4) Changing the purpose of the loan and using the loan for high-risk economic activities, causing significant economic losses, resulting in the loan being Unable to repay;

(5) In order to seek illegitimate benefits, change the purpose of the loan, causing significant economic losses and rendering the loan unable to be repaid;

(6) Provide false guarantees to apply for a loan , causing significant economic losses and causing the loan to be unable to be repaid, etc.

Secondly, the loan must reach a "large amount." As for what constitutes a "larger amount", it remains to be explained by the competent authority.

3. Subject Requirements

The subject of this crime is a general subject. Any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible can constitute it. An organization can also become the subject of this crime. . Staff members of banks or other financial institutions who collude with loan criminals and provide loan assistance shall be punished as criminals of loan crimes. The so-called collusion in this crime refers to the staff of a bank or other financial institution and the criminals who make the loan secretly collude with each other before or during the process of implementation, discuss or plan together, cooperate with the criminals, and act as The act of providing help in response. Regarding the behavior of staff members of banks and other financial institutions colluding with other criminals to defraud banks and other financial institutions of money, attention should be paid to distinguishing the nature of the behavior of the two types of personnel in committing the same crime. If they work for banks and other financial institutions, The main purpose is to use personnel, and the behavior is mainly carried out by taking advantage of their positions, and other people in the society only provide help. At this time, the crimes committed by the staff of banks and other financial institutions should be treated qualitatively. If so, then Should be punished according to the crime, and other persons in society shall be punished as the first offender of the crime; in the case of embezzlement, they shall be punished as the first offender of the crime of official embezzlement, and other persons shall be punished as the first offender of the crime of official embezzlement. If the behavior used is mainly deceptive methods of fabricating facts and concealing the truth, and the staff of banks and other financial institutions only provide help, then this crime will be punished. And it cannot be punished as this crime or other crimes regardless of the circumstances.

4. Subjective elements

Subjectively, this crime is constituted intentionally and for the purpose of illegal possession. Whether the perpetrator's motive for illegally possessing the loan is for squandering enjoyment or for transfer and concealment does not affect the constitution of this crime. On the contrary, if the perpetrator does not have the purpose of illegal possession, even though he uses deceptive means when applying for a loan, he cannot be treated as a crime. The bank can, in accordance with relevant regulations, stop issuing loans, withdraw the loan in advance, or charge additional loan interest. .

5. Object Requirements

The object of this crime is a dual object. It not only infringes on the ownership of loans by banks or other financial institutions, but also infringes on the national financial management system. Loans refer to Monetary funds provided by banks or other financial institutions as lenders to borrowers to repay principal and interest at an agreed interest rate and term.

6. Objective Elements

The objective aspect of this crime is the act of using fictitious facts and concealing the truth to obtain relatively large loans from banks or other financial institutions.

First of all, this crime is manifested in the perpetrator's behavior of defrauding banks or other financial institutions for loans by fabricating facts and concealing the truth. The so-called fictitious facts refer to fabricating facts that do not exist objectively in order to defraud the trust of banks or other financial institutions; the so-called concealment of the truth refers to deliberately concealing certain facts that exist objectively to give banks or other financial institutions an illusion.

To sum up, although defrauding sounds like a derogatory term, we should analyze it based on the specific situation. Not everyone is "defrauding" loans, and the crime of defrauding loans and The crime of loan is not the same, so you should know more about the elements of the crime of fraudulently obtaining a loan, depending on the situation. Please call for more information.

Extended reading:

How are the sentencing standards for the crime of fraudulently obtaining loans

Who are the subjects of the crime of fraudulently obtaining loans

Fraudulently obtaining loans What are the standards for filing a crime?

2. What are the elements of the crime of defrauding loans?

The crime of defrauding loans, as the name suggests, is to defraud banks or other financial institutions by deceiving others, concealing facts, etc. Loan amount crime. The object of this crime is a dual object, which not only infringes upon the ownership of the loan by the bank or other financial institution, but also infringes upon the state's financial management system. The loan refers to the loan provided by the bank or other financial institution as the lender to the borrower and in accordance with the agreement. Monetary funds that repay principal and interest at an interest rate and period. Objectively speaking, it manifests itself as the act of using fictitious facts and concealing the truth to obtain loans from banks or other financial institutions in relatively large amounts. The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units cannot be the subject of this crime. Subjectively, it is constituted intentionally and for the purpose of illegal possession. Whether the perpetrator's motive for illegally possessing the loan is for squandering enjoyment or for transfer and concealment does not affect the constitution of this crime.

3. What kind of crime does an employee take advantage of his position to forge a false loan contract?

Using false contracts to obtain bank loans is suspected of loan crime.

The crime of loan (Article 193 of the Criminal Law) refers to fabricating false reasons for introducing funds, projects, etc., using false economic contracts, using false certification documents, and using false property rights certificates for the purpose of illegal possession. Making guarantees, repeating guarantees exceeding the value of the collateral, or using other methods to obtain loans from banks or other financial institutions with relatively large amounts. Loan crime is a type of financial crime.

1. Objective Elements

The objective aspect of this crime is the act of using fictitious facts and concealing the truth to obtain relatively large loans from banks or other financial institutions.

First of all, this crime is characterized by the perpetrator's behavior of defrauding banks or other financial institutions for loans by fabricating facts and concealing the truth. The so-called fictitious facts refer to fabricating facts that do not exist objectively in order to defraud the trust of banks or other financial institutions; the so-called concealment of the truth refers to deliberately concealing certain facts that exist objectively to give banks or other financial institutions an illusion. According to the provisions of this article, the methods used by actors to obtain loans mainly include the following forms:

1. Making up false reasons such as introducing funds and projects to defraud banks or other financial institutions for loans. This kind of situation has happened frequently in recent years. In Shanghai alone, dozens of fake investment cases occur every year. The perpetrators usually forge huge amounts of funds from a foreign consortium or huge personal deposits of "patriotic Chinese in the United States" to be paid in exchange for money. Deposit with a certain bank under preferential conditions in order to defraud the bank's loans and handling fees. In addition, there are many criminals who fabricate investment projects with good returns to defraud banks and other financial institutions for loans.

2. Use false economic contracts for loans from banks or other financial institutions. In order to support production, encourage exports, and increase the value of limited funds, banks or other financial institutions sometimes issue loans based on economic contracts. Some criminals forge or use false export contracts or other economic contracts that are very profitable in the short term. Loans from banks or other financial institutions. For example, criminal Zhang forged a company's export supply contract, applied for a loan of several million yuan from a bank in Shanghai with the false contract, and then absconded with the money.

3. Use false certification documents for loans from banks or other financial institutions. The so-called supporting documents refer to documents such as guarantee letters and deposit certificates that are required when applying for a loan from a bank or other financial institution.

For example, a company issued a false deposit certificate through internal bank staff and used it to borrow millions of dollars from another bank.

4. Using false property rights certificates as guarantees or repeated guarantees exceeding the value of the collateral to defraud banks or other financial institutions for loans. The property rights certificate here refers to all documents that can prove that the perpetrator has ownership of real estate such as houses or movable assets such as cars, currency, and notes that can be redeemed at any time. For example, the criminal Zhang used a forged property certificate of a housing development company as collateral to defraud a bank for a loan of more than one million yuan.

5. For loans from banks or other financial institutions through other methods, the “other methods” here refer to those who forge the company’s official seal or seal to defraud loans; those who use fake currency as collateral to defraud loans; those who borrow first and then Refusal to repay the loan through fraudulent means, etc. The spirit of this provision is that no matter what method the perpetrator uses to lend money, he must be held criminally responsible for this crime in accordance with the law.

2. Subject Requirements

The subject of this crime is a general subject, which can be constituted by any natural person who has reached the age of criminal responsibility and has the ability to be criminally responsible. Units cannot become the subject of this crime. Staff members of banks or other financial institutions who collude with loan criminals and provide loan assistance shall be punished as criminals of loan crimes. The so-called collusion in this crime refers to the staff of a bank or other financial institution and the criminals who make the loan secretly collude with each other before or during the process of implementation, discuss or plan together, cooperate with the criminals, and act as The act of providing help in response. Regarding the behavior of staff members of banks and other financial institutions colluding with other criminals to defraud banks and other financial institutions of money, attention should be paid to distinguishing the nature of the behavior of the two types of personnel in committing the same crime. If they work for banks and other financial institutions, The main purpose is to use personnel, and the behavior is mainly carried out by taking advantage of their positions, and other people in the society only provide help. At this time, the crimes committed by the staff of banks and other financial institutions should be treated qualitatively. If so, then Should be punished according to the crime, and other persons in society shall be punished as the first offender of the crime; in the case of embezzlement, they shall be punished as the first offender of the crime of official embezzlement, and other persons shall be punished as the first offender of the crime of official embezzlement. If the behavior used is mainly deceptive methods of fabricating facts and concealing the truth, and the staff of banks and other financial institutions only provide help, then this crime will be punished. And it cannot be punished as this crime or other crimes regardless of the circumstances.

IV. Four elements of the crime of defrauding loans

1. What are the constituent elements of the crime of defrauding loans 1. The constituent elements of the crime of defrauding loans are as follows: (1) The subject of the crime of defrauding loans is a general subject , natural persons and entities can constitute the crime of fraudulently obtaining loans; (2) subjectively intentional; (3) disrupting the national financial management order; (4) objectively causing significant losses to banks or other financial institutions. 2. Legal basis: Article 175-1 of the Criminal Law of the People's Republic of China and the People's Republic of China is the crime of obtaining loans, bill acceptances, and financial instruments by deception. Obtaining loans, bill acceptances, letters of credit, and other financial instruments from banks or other financial institutions by deceptive means. Whoever causes heavy losses to a bank or other financial institution or has other serious circumstances shall be sentenced to not more than three years or criminal detention, and shall also or solely be fined; whoever causes particularly heavy losses to a bank or other financial institution or has other particularly serious circumstances shall , shall be sentenced to not less than three years but not more than seven years, and shall also be fined. If a unit commits the crime in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph. 2. What are the filing standards for the crime of fraudulently obtaining loans? The criteria for filing the crime of fraudulently obtaining loans are as follows: 1. Obtaining loans, bill acceptances, letters of credit, letters of guarantee, etc. by deceptive means, with an amount of more than one million yuan; 2. Obtaining by deceptive means Loans, bill acceptances, letters of credit, letters of guarantee, etc. Causing direct economic losses of more than 200,000 yuan to a bank or other financial institution; 3. Although the amount does not reach the legal limit, it has repeatedly obtained loans, bill acceptances, letters of credit, letters of guarantee, etc. by fraudulent means; 4. Other situations that cause significant losses to banks or other financial institutions or have other serious circumstances.